tx  ICtbris 

SEYMOUR  DURST 


r 


When  you  leave,  please  leave  this  book 

Because  it  has  been  said 
"Ever  thing  comes  t'  him  who  waits 

Except  a  loaned  book." 


\ICY 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/codeofordinancesOOnewy 


Code  of  Ordinances 

OF  THE 

CITY  OF  NEW  YORK 


ADOPTED  BY  THE  BO  ART)  OF  ALDERMEN 
OCTOBER    30,    1906,   ANT>  AT  PROW  ED 
BY  THE  MAYOR  NOVEMBER  8,  1906 


VITH  AMENDMENTS  FROM  JAN.  1,  1906  to  JAN.  r,  1908 


THE  CHIEF  PUBLISHING  COMPANY 
45   CENTRE  STREET 
NEW  YORK  CITY 


Copyrighted  1908,  by 
The  Chief  Publishing  Compan 


CODE  OF  ORDINANCES 
OF  THE  CITY  OF  NEW  YORK 


APPOVED  BY  THE  MAYOR,  NOVEMBER  8,  1906 


AN  ORDINANCE  adopting  the  Code  of  Ordinances  of  The  Citv  of  New 
York. 

Be  it  Ordained  by  the  Board  of  Aldermen  of  The  City  of  New  York, 
as  follows  : 

That  all  ordinances  of  The  City  of  New  York  which  were  in  force  on 
January  1,  1906.  be  and  they  hereby  are  repealed. 

Be  it  further  Ordained,  That  the  ordinances  of  The  City  of  New 
York,  excluding  those  ordinances  designated  as  obsolete,  which  are  here- 
with presented  in  the  report  of  Committee  on  Codification  of  Ordi- 
nances of  the  Board  of  Aldermen  of  The  City  of  New  York,  as  the  exist- 
ing ordinances  of  said  City  up  to  the  date  of  January  1,  1906,  and  all  ordi- 
nances recommended  in  said  Committee's  report  for  re-enactment,  with 
the  corrections  therein  designated*  be  and  they  hereby  are  adopted  and 
enacted  as  ordinances  of  The  City  of  New  York. 

Be  it  further  Ordained,  That  this  ordinance  shall  not  be  construed  to 
affect  or  impair  any  right,  interest,  privilege  or  power  which  has  accrued 
or  been  conferred  heretofore,  or  any  penalty,  obligation,  liability,  forfeiture 
or  assessment  heretofore  incurred,  or  an}-  action  or  proceeding  now  pend- 
ing; and  any  right  interest  or  privilege,  which  by  the  terms  of  any  ordi- 
nance in  force  at  the  time  of  the  adoption  of  this  ordinance  continues 
during  the  pleasure  of  the  Board  of  Aldermen,  shall  not  be  hereby  termi- 
nated. Nor  shall  any  ordinance  or  resolution  creating  an  existing  com- 
mission be  hereby  repealed. 

Approved  by  the  Mayor,  Nov.  8,  1906. 

PART  I. 

GENERAL  ORDINANCES  AND   ORDINANCES   OF   A  GEN- 
ERAL CHARACTER. 

CHAPTER  T— THE  EXECUTIVE  DEPARTMENT; 
Article  1 — The  Mayor. 

Section  t.  The  Mayor  may.  whenever  he  shall  deem  it  necessary, 
issue  his  proclamation  for  the  apprehension  of  any  person  who  may  have 


4 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


committed  a  crime  within  The  City  of  New  York,  and  ma}-,  in  such 
proclamation,  offer  a  reward  not  exceeding  five  hundred  dollars,  to  be 
paid  out  of  the  City  Treasury  upon  the  certificate  of  the  Mayor  that  the 
service  required  has  been  performed. 

Article  2— The  City  Clerk. 

Sec.  2.  The  seal  heretofore  in  use  as  the  corporate  seal  of  the  cor- 
poration known  as  the  Mayor.  Aldermen  and  Commonalty  of  The  City  of 
New  York,  and  in  the  custody  of  the  Clerk  of  the  Board  of  Aldermen  of 
said  City,  shall  be  the  seal  of  The  City  of  New  Yrork,  to  be  kept  and  used 
by  the  City  Clerk  of  said  City,  as  provided  by  law. 

CHAPTER  2— THE  LEGISLATIVE  DEPARTMENT. 
Article  1 — The  Board  of  Aldermen. 

S  c.  3.  A  Committee  of  the  Board  of  Aldermen,  in  reporting  upon 
a  subject  referred  to  them,  must  attach  to  their  report  all  resolutions, 
petitions,  remonstrances  and  other  papers  in  their  possession  relative  to 
the  matters  referred. 

Article  2 — The  Clerk  of  the  Board  of  Aldermen. 

Sec.  4.  The  Clerk  of  the  Board  of  Aldermen  shall  issue  notices  to 
the  members  of  said  Board,  when  directed  by  that  Board,  and  to  the 
members  of  the  different  Committees  of  Chat  Board,  and  all  persons  whose 
attendance  will  be  required  before  any  such  Committee,  when  directed 
by  the  Chairman  thereof. 

Sec.  5.  He  shall,  without  delay,  deliver  to  all  officers  of  the. Corpora- 
tion, and  to  all  Committees  of  the  Board  of  Aldermen,  all  resolutions  and 
communications  referred  to  those  officers  or  Committees  by  that  Board. 

Sec.  6.  He  shall,  without  delay,  deliver  to  the  Mayor  all  ordinances 
and  resolutions  under  his  charge  which  arc  required  by  law  to  be  ap- 
proved by  the  Mayor,  with  all  papers  on  which  the  same  were  founded. 
The  Clerk  shall  not  deliver  to  the  Mayor  any  resolution  which  is  a  request 
addressed  to  the  Governor,  Legislature  or  any  other  body,  or  to  any  head 
of  a  department  or  other  federal,  State  or  municipal  officer  for  action  on 
the  request  of  the  Board  of  Aldermen,  but  he  shall,  without  delay,  deliver 
a  copy  of  such  resolutions  to  the  official  or  Board  of  whom  the  request  is 
made  by  the  Board  of  Aldermen.  No  resolution  which  refuses  the  prayer 
of  anv  petition  shall  be  delivered  to  the  Mayor,  but  all  such  resolutions 
shall  be  filed. 

Sec.  7.  He  shall  on  the  day  succeeding  the  approval  by  the  Mayor  of 
any  ordinance  or  resolution,  or  on  the  day  succeeding  its  return  by  the 
Mayor  without  approval  or  objection,  deliver  to  the  head  of  the  appro- 
priate department  a  certified  copy  of  the  same. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


CHAPTER  3— THE  LAW  DEPARTMENT. 
Article  i — The  Corporation  Counsel. 

Sec.  8.  The  Corporation  Counsel  shall  draw  such  ordinances  as  may- 
be required  of  him  by  the  Board  of  Aldermen,  or  by  any  Committee 
thereof. 

Sec.  9.  He  shall,  when  required  by  the  Board  of  Aldermen,  prepare 
the  draft  of  any  bill  to  be  presentd  to  the  Corporation  of  the  City  to  the 
Legislature  for  passage,  with  a  proper  memorial  for  the  passage  thereof. 

Sec.  10.  He  shall  draw  the  leases,  deeds  and  other  papers  connected 
with  the  Finance  Department,  and  all  contracts  for  any  of  the  other 
Departments  of  the  Corporation,  when  so  required  by  the  head  of  the 
department. 

Sec.  11.  When  he  shall  recover  a  debt  due  to  the  Corporation  which 
may  have  been  placed  in  his  hands  for  collection,  he  shall  forthwith  ren- 
der an  account  thereof,  under  oath,  to  the  Comptroller,  stating  the  nature 
of  the  debt,  the  person  against  whom  it  was  recovered,  and  the  amount 
and  time  of  the  recovery,  and  shall  immediately  thereupon  pay  over  the 
amount  so  received  to  the  Chamberlain.  He  shall  also  thereupon  receive 
from  the  Chamberlain  a  voucher  for  the  payment  thereof,  which  lie  shall 
forthwith,  on  the  same  day,  exhibit  to  the  Comptroller,  and  shall  at  the 
same  time  leave  with  him  a  copy  thereof. 

Sec.  12.  He  shall  keep  in  proper  books  to  be  provided  for  that  pur- 
pose a  register  of  all  actions  prosecuted  or  defended  by  him,  and  all  pro- 
ceedings had  therein. 

Sec.  13.  Upon  the  expiration  of  his  term  of  office,  or  his  resignation 
thereof,  or  removal  therefrom,  the  Corporation  Counsel  shall  forthwith, 
on  demand,  deliver  to  his  successor  in  office  all  deeds  leases,  contracts,  and 
other  papers  in  his  hands  belonging  to  the  Corporation,  or  delivered  to 
him  by  the  Corporation  or  any  of  its  officers,  and  all  papers  in  actions 
prosecuted  or  defended  by  him,  then  pending  and  undetermined,  together 
with  its  register  thereof,  and  of  the  proceedings  therein,  and  a  written  con- 
sent of  substitution  of  his  successor,  in  all  such  actions  then  pen<!ring  and 
undetermined. 

Article  2 — The  Public  Administrator. 

Sec.  14.  The  Public  Administrator  shall  furnish  the  Comptroller  with 
copies  of  all  letters  of  administration  which  shall  be  granted  to  him  within 
three  days  after  the  granting  thereof. 

Sec.  15.  He  shall,  on  the  twentieth  day  of  December,  in  each  year, 
report  to  the  Board  of  Aldermen  titles  of  all  actions  prosecuted  by  or 
against  him,  and  then  pending  and  undetermined,  with  such  other  inform- 
.ation  in  respect  thereto  as  he  may  deem  necessary  or  proper. 

Sec.  16.    He  shall  report  to  the  Comptroller,  on  the  first  Thursday  of 


6 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


i 


each  month,  and  oftener  if  required,  li-f  amount  of  money  received  by 
him  since  his  last  return  on  account  of  any  estate  upon  which  he  has 
administered. 

Sec.  17.  He  shall  at  the  same  time  report  to  the  Board  of  Alder- 
men a  transcript  of  such  of  his  accounts  as  have  been  closed  or  finally 
settled,  and  of  those  on  which  any  money  has  been  received  by  him 
as  part  of  the  proceeds  of  any  estates  on  which  he  has  administered; 
he  shall  deposit  all  moneys  by  him  collected  and  received,  as  required  * 
by  law,  in  such  bank  as  the  Corporation  Counsel  shall  select  from 
the  designated  depositories  of  the  city's  moneys. 

Sec.  18.  He  shall,  whenever  required,  exhibit  to  the  Comptroller  the 
bank  book  showing  his  deposits,  and  all  other  vouchers  and  documents 
relating  to  his  office. 

Sec.  19.  The  Comptroller,  before  signing  any  check  for  money  de- 
posited, shall  examine  the  bank  book  showing  the  deposits,  and  the 
vouchers  on  which  the  check  is  required  to  be  drawn,  and  shall  satisfy 
himself  fully  as  to  the  correctness  thereof,  and,  in  case  of  doubt  or  diffi- 
culty, he  shall  report  the  case  to  the.^Board  of  Aldermen  for  their 
direction. 

Sec.  20.    The  Comptroller  may  distribute  and  pay  any  balance  of  an 
intestate's  estate  remaining  in  the  City  Treasury  to  the  persons  legally  .  I 

entitled  thereto,  whenever  he  and  the  Public  Administrator  shall  be  satis- 
fied that  the  person  claiming  the  same  is  legally  entitled  thereto;  but,  if 
they  be  not  satisfied  thereof,  they  shall  report  the  case  to  the  Board  of 
Aldermen  for  their  direction. 

CHAPTER  4— THE  DEPARTMENT  OF  FINANCE. 
Article  1 — The  Comptroller. 

Sec.  21.  The  Comptroller  shall  superintend  all  the  real  estate  of  the 
Corporation  and  report  to  the  Board  of  Aldermen  all  encroachments 
thereon. 

Sec.  22.  He  shall  keep  and  file  in  his  office  all  title  deeds,  leases, 
bonds,  mortgages  or  other  assurances  of  title,  and  all  evidences  of  debts, 
contracts/bonds  of  indemnity,  official  bonds  and  all  certificates  of  stocks 
belonging  to  the  Sinking  Fund,  except  such  as  are  directed  by  law  or  ordi- 
nance to  be  deposited  elsewhere. 

Sec.  23.  He  shall  cause  all  grants,  leases  and  counterparts  of  leases 
or  deeds  executed  by  the  Corporation  to  be  recorded  in  proper  books  to 
be  kept  in  his  office. 

Sec.  24.  He  shall  cause  a  proper  map  or  survey  of  all  lands  or 
premises  ceded,  granted,  conveyed  or  leased  to  the  Corporation  to  be  an- 
nexed to  the  cession,  grant,  deed  or  lease  thereof,  and  to  be  therein  re- 
ferred to  before  execution  or  acceptance  thereof.  He  shall  direct  and 
superintend  the  collection  of  all  rents  or  other  moneys  due  to  the  Corpo- 
ration. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


7 


Sec.  25.  He  shall  report  to  the  Board  of  Aldermen  within  thirty  days 
after  their  organization  in  each  year  a  statement  of  all  contracts  made  by 
the  Corporation  or  directed  or  authorized  by  the  Board  of  Aldermen  and 
not  performed  or  completed  or  upon  which  any  moneys  remain  unpaid, 
with  the  amount  of  money  so  remaining  unpaid  on  each. 

Sec.  26.  He  shall  direct  legal  proceedings  to  be  taken  when  necessary 
to  enforce  payments  of  rents  or  other  debts  due  to  the  Corporation,  or  to 
obtain  possession  of  premises  to  which  the  Corporation  is  entitled. 

Sec.  27.  He  shall,  as  often  as  the  state  of  the  Sinking  Fund  shall 
render  it  necessary,  advertise  and  sell  at  auction  or  private  sale,  as  in  his 
judgment  may  be  most  expedient,  the  water  lot  quit-rents  belonging  to 
the  Corporation  in  such  parcels  and  on  such  terms  as  the  Board  of  Alder- 
men or  the  Board  of  Commissioners  of  the  Sinking  Fund  may  prescribe, 
and  cause  proper  conveyances  to  be  executed  to  the  purchasers,  the  avails 
of  which  shall  be  deposited  in  the  treasury  to  the  credit  of  the  Sinking 
Fund. 

Sec.  28.  He  may  consent,  in  the  name  and  on  behalf  of  the  Corpo- 
ration, that  the  lessee  or  assignee  of  a  lease  made  by  the  Corporation  may 
assign  or  underlet  the  demised  premises,  whether  or  not  provision 
is  made  by  the  lease  that  it  shall  not  be  assigned  or  underlet  without  the 
consent  of  the  Corporation ;  but  he  shall  not  so  consent  unless  all  arrears 
of  rents  and  all  taxes  and  assessments  upon  the  premises  be  paid  in  full. 

Sec.  29.  When  several  lots  or  parcels  of  land  belonging  to  different 
persons  are  assessed  for  taxes  in  one  parcel,  the  Comptroller  may  make 
the  proper  apportionment  of  the  tax  among  the  different  owners. 

Sec.  30.  The  Comptroller  shall  preserve,  in  a  book  to  be  kept  in  his 
office  for  that  purpose,  to  be  called  the  record  of  quit-rents,  maps  of  all 
grants  of  land  now  or  hereafter  made  by  the  Corporation,  on  which  quit- 
rents  are  payable,  showing  the  original  grants  and  the  subdivisions  of  the 
same  as  near  as  they  can  be  ascertained. 

Sec.  31.  He  shall  enter  in  the  record  of  quit-rents  immediately  fol- 
lowing each  map  the  names  of  the  owners  of  the  different  lots  described 
thereon,  with  the  portion  of  the  quit-rent  to  which  each  is  subject;  and  he 
may  receive  the  sums  proportionally  due  from  each  owner  in  payment  of 
his  portion  of  the  moneys  payable  under  the  original  grant,  as  "the  same 
shall  from  time  to  time  become  payable. 

Sec.  32.  He  shall  cause  to  be  inserted,  in  all  grants  of  land  subject 
to  a  quit-rent,  a  covenant  requiring  the  grantee  or  his  legal  representa- 
tives, when  he  or  they  shall  sell  the  whole  or  a  portion  of  the  land  granted, 
to  give  to  the  Comptroller  a  written  notice  of  the  sale  within  thirty  days 
after  it  is  made,  specifying  therein  the  name  of  the  purchaser,  the  quantity 
and  location  of  the  land  sold,  the  amount  of  quit-rent  to  be  paid  thereon, 
and  the  day  of  the  sale. 


8  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Sec.  33.  He  shall,  on  receiving  written  notice  irom  the  grantee  of  the 
Corporation,  or  his  assignee,  of  the  sale  of  any  portion  of  land  subject  to 
quit-rent,  enter  in  the  record  of  quit-rents  the  name  of  the  purchaser,  with 
the  date  of  the  sale  and  the  portion  of  the  land  sold ;  and  he  may  there- 
after receive  the  sum  proportionahly  due  from  such  purchaser,  in  payment 
of  his  portion  of  the  moneys  payable  under  the  original  grant,  as  the  same 
shall,  from  time  to  time,  become  payable. 

Sec.  34.  Upon  receiving  the  notice  mentioned  in  the  last  section  the 
Comptroller  shall  enter  the  same  in  the  record  of  quit-rents,  and  from 
that  time  he  may  receive  from  the  owner  of  the  lot  or  parcel  mentioned  in 
the  notice,  or  his  legal  representatives,  the  sum  pronortionably  due  from 
him  in  payment  of  his  proportion  of  the  moneys  payable  under  the  original 
grant. 

See.  35.  When  land  heretofore  granted  by  the  Corporation,  subject 
to  a  quit -rent,  portions  of  which  have  been  assigned  by  the  grantee,  shall 
be  re-entered  by  the  Corporation  for  non-payment  of  the  quit-rent,  the 
Comptroller  may  grant  leases  in  severalty  to  such  of  the  assignees  of  por- 
tions of  the  land  granted  as  shall,  within  six  months  from  the  re-entry, 
pay  their  respective  apportionments  of  commutation  money,  and  the 
expenses  of  re-entry  and  conveyance,  with  such  portions  of  the  rent  as 
may  be  justly  due  from  the  respective  assignees  for  the  land  held  by 
them,  and  which  shall  be  apportioned  by  the  Comptroller. 

Sec.  36.  The  releases  and  apportionments  mentioned  in  the  last  sec- 
tion shall  not,  however,  be  granted  or  made,  unless  the  assignee  requiring 
the  same,  or  his  legal  representatives,  shall  comply  with  the  terms  and 
conditions  prescribed  in  that  section  within  thirty  days  after  notice  from 
the  Comptroller  requiring  such  compliance. 

Sec.  37.  The  Comptroller  may,  from  time  to  time,  borrow  on  the 
credit  of  the  Corporation,  in  anticipation  of  its  revenues,  such  sum  of 
sums,  not  exceeding  in  the  whole  the  amount  of  such  revenues  as  may  be 
necessary  to  meet  expenditures  under  appropriations  for  the  current  year. 

Sec.  38.  Every  loan  to  be  effected,  as  authorized  by  the  last  section, 
shall  be  secured  by  the  bonds  of  the  Corporation,  payable  in  not  exceeding 
one  year,  in  such  sums  as  the  Comptroller  may  deem  proper,  which  shall 
be  signed  by  the  Comptroller,  countersigned  by  the  Mayor  and  sealed  with 
the  common  seal. 

Sec.  39.  No  payment  shall  be  made  by  the  Comptroller  for  work 
done  or  supplies  furnished  except  upon  proper  vouchers  rendered  by  the 
head  of  the  appropriate  Department,  or  other  proper  officer,  Board  or 
Commission,  for  whom  such  work  was  done  or  supplies  furnished.  Such 
vouchers  shall  be  made  out  in  duplicate,  and  shall  contain  the  certificates 
of  such  subordinate  officers  as  the  head  of  the  Department  may  require, 
and  of  such  form  and  purport  as  he  shall  prescribe,  and  also  a  certificate 
of  the  head  of  the  Department.    One  of  the  duplicate  vouchers  shall  be 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


.9 


retained  in  the  Department  or  office  by  which  the  vouchers  are  rendered, 
and  the  other  shall  be  transmitted  to  the  Department  of  Finance  for  pay- 
ment.   A  receipt  for  the  amount  paid  shall  be  taken  by  the  Comptroller. 

Article  2 — The  Disposition  of  Real  Estate. 

Sec.  40.  It  shall  be  the  duty  of  the  Comptroller  to  take  charge  of  all 
the  real  estate  belonging  to  the  Corporation,  and  to  prevent  all  encroach- 
ments thereon. 

Sec.  41,  It  shall  be  the  duty  of  said  Comptroller  to  superintend  the 
collection  of  all  rents,  interest  and  demands  due  the  Sinking  Fund,  and 
to  take  all  necessary  measures  to  compel  the  payment  of  them  and  report 
the  condition  of  the  same  to  the  Board  of  Aldermen  quarterly. 

Sec.  42.  It  shall  be  the  duty  of  said  Comptroller,  under  the  sanction 
of  the  Board  of  Commissioners  of  the  Sinking  Fund,  to  appoint  appraisers 
on  behalf  of  the  Corporation  to  settle  the  rent  on  renewal  of  any  leases, 
or  the  value  of  the  building,  to  be  paid  for  on  the  expiration  of  any  lease, 
in  which  the  Corporation  is  or  shall  be  interested,  whenever,  by  the  pro- 
visions of  such  lease,  the  appointment  of  such  appraisers  is  required. 

Sec.  43.  The  said  Comptroller  is  hereby  authorized,  with  the  sanction 
of  the  Board  of  Commissioners,  to  assign  any  bond  or  mortgage  held  by 
the  said  Board  to  any  person  or  persons  who  may  elect  to  take  such  as- 
signment, upon  the  payment  in  full  of  the  principal  and  interest  due  on 
said  bond  and  mortgage ;  and  the  Mayor  and  City  Clerk  are  hereby  au- 
thorized and  directed  to  execute,  under  their  hands  and  seal  of  the  City, 
any  such  assignment,  upon  evidence  being  exhibited  to  them,  showing  that 
the  principal  and  interest  of  such  bond  and  mortgage  have  been  paid  into 
the  Treasury  of  said  City  to  the  credit  of  the  Board  of  Commissioners  of 
the  Sinking  Fund. 

Sec.  44.  Upon  the  payment  of  any  bond  and  mortgage  in  full,  it  shall 
be  the  duty  of  the  said  Comptroller  to  prepare  and  cause  to  be  executed  a 
proper  satisfaction  of  such  bond  and  mortgage;  and  the  said  Mayor  and 
Clerk  of  the  Board  of  Aldermen  are  hereby  authorized  to  execute  the 
same,  upon  the  production  of  evidence  that  the  same  has  been  paid,  as 
provided  in  the  preceding  section  of  this  article.  But  no  release  of  any 
part  of  the  premises  contained  in  such  mortgage  from  the  lien  created  by 
such  mortgage  thereon  shall  be  made  or  executed  by  them. 

Sec.  45.  Whenever  any  person  or  persons  may  desire  to  commute 
any  quit-rent  due  the  Corporation,  it  shall  be  the  duty  of  the  said  Comp- 
troller to  calculate  such  commutation  at  the  rate  of  six  per  cent. ;  and  upon 
the  production  of  evidence  that  the  same  and  all  arrears  of  rent  have  been 
paid  into  the  Treasury  of  said  City  to  the  credit  of  the  Commissioners  of 
the  Sinking  Fund,  it  shall  be  the  duty  of  the  Mayor  and  Clerk  to  execute 
a  release  of  such  quit-rent. 

Sec.  46.  Whenever  any  property  belonging  to  the  Corporation  is 
unproductive,  or  the  term  for  which  it  may  have  been  leased  or  let  shall 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


have  expired  or  be  about  expiring,  it  shall  be  the  duty  of  the  said  Comp- 
troller to  report  the  same  to  the  Board  of  Commissioners  of  the  Sinking 
Fund,  and  if.  in  his  judgment,  it  will  be  beneficial  to  the  public  interest  to 
lease  property  belonging  to  the  Corporation,  it  shall  be  his  duty  to  commu- 
nicate the  same,  with  his  reasons  therefor,  to  the  Board  of  Commission- 
ers of  the  Sinking  Fund,  and  if  they  concur  with  him,  they  arc  hereby 
authorized  and  empowered  to  lease  the  same  in  such  manner  as  they  may 
deem  most  fit  for  the  interest  of  the  City,  conforming  in  the  leasing  to 
the  provisions  of  the  Greater  Xew  York  Charter,  and  upon  the  production 
of  a  certificate,  signed  by  a  majority  of  said  Commissioners,  of  whom  the 
Comptroller  shall  be  one,  it  shall  be  the  duty  of  the  said  Mayor  and  City 
Clerk  to  execute  such  leases  under  their  hands  and  seal  of  the  City. 

Sec.  47.  In  all  cases  of  grants  hereafter  to  be  made  of  land  under 
water  on  the  shores  of  the  island  of  Xew  York,  or  on  the  shores  of  Long 
Island  and  within  the  limits  of  the  various  charters" of  The  City  of  New 
York,  or  within  the  limits  of  the  former  municipalities  now  constituting 
The  City  of  New  York,  and  in  all  cases  of  extensions  of  grants  previously 
made,  it  shall  be  the  duty  of  the  Comptroller  and  the  President  of  the 
Borough  in  which  such  grant  or  extension  is  to  be  made,  to  report  to.the 
Board  of  Commissioners  of  the  Sinking  Fund  what  sum  of  money  shall, 
in  their  judgment,  be  charged  as  consideration  for  such  grant:  and  if  the 
said  Board,  or  a  majority  of  their  number,  shall  agree  to  the  terms  re- 
ported by  the  said  Comptroller  and  Borough  President,  then  the  said 
Comptroller  shall  be  and  is  hereby  authorized  to  cause  such  grants  to  be 
issued  to  the  parties  who  may  be  legally  entitled  to  the  same. 

Sec.  48.  The  preceding  section  shall  not  apply  to  grants  to  be  made 
on  the  North  or  Hudson  river,  between  West  Eleventh  and  Thirtieth 
streets,  Borough  of  Manhattan,  so  far  as  the  consideration  money  is  con- 
cerned ;  but  the  rates  to  be  charged  for  grants  between  said  West  Elev- 
enth and  Thirtieth  streets  shall  be  as  follows: 

For  each  running  foot  along  the  exterior  lines  of  the  present  grants 
(excluding  the  width  of  streets)  and  along  the  westerly  line  of  the  Elev- 
enth avenue  (excluding  the  width  of  streets),  when  not  granted,  viz.: 


For  grants  between  West  Eleventh  and  Bank  streets  $20  00 

For  grants  between  Bank  and  Bethune  streets   19  00 

For  grants  between  Bethune  and  West  Twelfth  streets   18  00 

For  grants  between  West  Twelfth  and  Jane  streets   17  00 

For  grants  between  Jane  and  Horatio  streets   16  00 

For  grants  between  Horatio  and  Gansevoort  streets   15  00 

For  grants  between  Gansevoort  and  Twelfth  streets   14  00 

For  grants  between  Twelfth  street  and  the  centre  of  the  block  be- 
tween Thirteenth  and  Fourteenth  streets   13  00 

For  grants  between  Thirteenth,  Fourteenth  and  Nineteenth  streets.  10  00 
For  grants  between  Nineteenth  and  Twenty-fourth  streets   12  OO 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


For  grants  between  Twenty-fourth  and  Thirtieth  streets,  west  of 

the  Eleventh  avenue    10  oo 

Sec.  49.  Xo  grant  shall  be  made  by  virtue  of  these  ordinances  except 
for  a  specitic  consideration  to  be  paid  in  cash,  or  in  five  annual  install- 
ments secured  by  bond  and  mortgage  on  the  premises  granted,  with  annual 
interest  at  the  rate  of  six  per  cent,  per  annum ;  the  first  installment  to  be 
paid  on  the  issuing  of  the  grants. 

Sec.  50.  All  grants  made  by  virtue  of  these  ordinances  shall  contain 
the  usual  covenants,  including  those  in  relation  to  streets  or  avenues  pass- 
ing through  them,  and  also  in  relation  to  bulkheads  and  wharfage. 

Sec.  51.  Xo  grant  made  by  virtue  of  this  article  shall  authorize  the 
grantee  to  construct  bulkheads  or  piers  or  make  land  in  conformity 
thereto,  without  permission  so  to  do  is  first  had  and  obtained  from  the 
Department  of  Docks ;  and  the  grantees  shall  be  bound  to  make  land, 
piers  or  bulkheads  at  such  time  and  in  such  manner  as  the  Department  of 
Docks  shall  direct  under  penalty  of  forfeiture  of  such  grant  for  non-com- 
pliance with  such  directions  of  the  said  Department. 

Sec.  52.  X'othing  contained  in  the  two  next  preceding  sections  shall 
be  construed  as  applying  to  water  grants  to  be  made  on  the  shores  of  Long 
Island. 

Article  3 — The  Sinking  Fund  of  The  City  of  New  York. 

Sec.  53.  All  moneys  heretofore  received  and  hereafter  to  be  received 
from  the  following  sources  are  hereby  pledged  and  appropriated  to  and 
constitute  and  form  a  fund  called  the  Sinking- Fund  of  The  City  of  New- 
York  for  the  Redemption  of  the  City  Debt,  until  the  whole  of  the  stocks 
of  The  City  'of  Xew  York  shall  be  finally  and  fully  redeemed,  namely : 

1.  For  commutation  of  quit-rents  on  grants. 

2.  For  quit-rents  arising  from  such  grants  as  were  issued  prior  to 
the  year  one  thousand  eight  hundred  and  four. 

3.  The  net  proceeds  of  all  sales  of  real  estate  belonging  to  the  Cor- 
poration when  sold. 

4.  The  net  proceeds  of  all  bonds  and  mortgages  payable  to  the  Cor- 
poration when  collected. 

5.  For  licenses  to  pawnbrokers  and  dealers  in  the  purchase  or  sale 
of  second-hand  furniture,  metals  or  clothes. 

6.  For  hackney-coach  licenses  and  street  vaults. 

7.  For  exclusive  occupation  of  private  wharves,  basins  and  piers. 

8.  For  market  fees  and  market  rents. 

9.  The  proceeds  of  all  bonds  and  mortgages  which  may  have  or  shall 
become  the  property  of  the  Corporation,  in  pursuance  of  the  ordinance 
creating  the  Fire  Loan  Stock  of  The  City  of  Xew  York. 

10.  The  buildings  included  in  the  establishment  called  the  Almshouse, 
at  Bellevue.  together  with  the  lots  of  land  and  water  rights  attached 
thereto  when  sold,  and  the  rents  when  leased. 


12 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


it.  Such  portions  thereof  of  the  annual  taxes  levied  in  The  City  and 
County  of  New  York  as  may  be  collected  for  the  redemption  of  the 
Floating  Debt  Stock  of  The  City  of  New  York  and  the  Fre  Indemnity 
Stock  of  The  City  of  New  York. 

12.  All  such  other  sources  of  revenue  or  sums  of  money  as  the  said 
Corporation  shall  hereafter  think  proper  to  appropriate  to  said  fund. 

Sec.  54.  All  moneys  hereafter  to  be  received  from  the  following 
sources  are  pledged,  appropriated  and  are  to  be  applied  to  and  constitute 
and  form  a  fund  to  be  called  the  Sinking  Fund  of  The  City  of  New  York 
for  the  Payment  of  Interest  Accruing  and  to  Accrue  Upon  the  Stocks 
of  The  City  of  New  York  until  the  same  shall  be  fully  and  finally  re- 
deemed, namely: 

t.  For  interest  on  all  bonds  and  mortgages  owned  by  the  Corpo- 
ration. 

2.  For  commutation  of  alien  passengers. 

3.  For  mayoralty  fees. 

4.  For  fines  and  penalties. 

5.  For  fees  and  fines,  collected  by  the  clerks  of  the  courts,  for  the 
Corporation. 

6.  For  rents  from  all  sources  not  already  pledged. 

7.  For  tavern  and  excise  licenses. 

8.  For  sales  of  all  property  of  the  Corporation  other  than  real  estate. 

9.  Such  portion  of  the  annual  taxes  levied  in  the  water  district  of 
The  City  of  New  York  as  may  be  collected  to  supply  the  deficiency  of 
interest  accruing  on  the  water  stocks  of  The  City  of  New  York. 

10.  Nothing  in  this  chapter  shall  be  so  construed  as  to  impair  or 
affect  any  pledge  heretofore  made  and  now  existing  of  any  property  or  its 
proceeds  embraced  in  this  chapter  or  in  the  ordinances  relating  to  the 
City  debt. 

Section  55.  The  Mayor,  Comptroller,  Chamberlain,  President  of  the 
Board  of  Aldermen  and  the  Chairman  of  the  Finance  Committee  of  the 
Board  of  Aldermen  for  the  time  being  shall  constitute  and  be  denominated 
the  Board  of  Commissioners  of  the  Sinking  Fund  of  The  Citv  of  New 
York. 

Sec.  56.  Any  four  or  more  of  the  persons  named  in  the  preceding 
section  of  this  article,  of  whom  the  Comptroller  shall  be  one,  shall  be  and 
are  hereby  authorized  to  discharge  the  trusts  and  duties  vested  in  them 
by  this  article. 

Sec.  57.  All  purchases  to  be  made  of  the  City  stocks  shall  be  made 
by  or  under  the  direction  of  the  Board  of  Commissioners  of  the  Sinking 
Fund,  as  herein  and  hereby  constituted. 

Sec.  58.  The  said  Board  shall,  from  time  to  time,  invest  the  moneys 
which  shall  constitute  the  Sinking  Fund  for  the  Redemption  of  the  City 
Debt,  or  as  much  as  they  can,  in  the  purchase  of  stocks  created  by  the 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


13 


Corporation  of  The  City  of  New  York,  at  the  market  price,  not  exceeding 
the  par  value  thereof;  and  if,  at  any  time,  such  investments  cannot  be 
made  at  par,  then  the  said  Board  shall  be  authorized  to  invest  the  said 
moneys,  or  such  part  thereof  as  they  see  fit,  either  in  the  purchase  of  the 
said  stock  or  the  stock  of  the  State  of  New  York,  or  the  stock  or  bonds 
of  the  United  States,  notwithstanding  such  stock  or  bonds  may  be  above 
the  par  value  thereof. 

Sec.  59.  The  powers  conferred  on  the  said  Board  of  Commissioners 
in  the  preceding  section  of  this  article  shall  be  so  construed  as  to  render 
it  imperative  on  the  said  Board,  at  all  times  to  give  preference  to  the  pur- 
chase of  City  stock,  if  the  same  can  be  procured  at  a  reasonable  rate. 

Sec.  60.  Whenever  the  said  Board  of  Commissioners  shall  have 
invested  any  part  of  the  said  fund  in  the  purchase  of  the  stocks  of  this 
State  or  of  the  United  States,  and  shall  at  any  time  thereafter  be  enabled 
to  purchase  any  of  the  City  stocks  at  such  prices  as  they  may  judge  best 
for  the  public  interest,  they  shall  forthwith  sell  and  dispose  of  the  same 
and  invest  the  said  stocks  of  the  State  or  of  the  United  States,  or  the  net 
proceeds  thereof,  in  the  City  stock,  if,  in  their  opinion,  such  disposition 
would  be  beneficial  to  the  public  interest. 

Sec.  61.  Whenever  the  said  Board  of  Commissioners  shall  have 
invested  any  part  of  the  said  fund  in  the  purchase  of  City  stock,  and  shall 
at  any  time  thereafter  be  enabled  to  purchase  any  of  the  City  stock,  which 
shall  be  by  its  terms  redeemable  at  an  earlier  day,  they  may  forthwith 
sell  the  same  and- invest  the  net  proceeds  in  such  other  City  stock,  if  in 
their  opinion  such  exchange  shall  be  desirable  and  beneficial  to  the  public 
interest. 

Sec.  62.  Whenever  any  of  the  moneys  constituting  the  Sinking  Fund 
for  the  Redemption  of  the  City  Debt  shall  be  required  for  any  such  pur- 
chases or  investments  as  are  in  this  chapter  before  mentioned,  or  for  the 
redemption  of  any  of  the  City  stocks  at  their  maturity,  the  amount  of 
money  respectively  required  shall  be  paid  from  the  Treasury,  by  warrant, 
signed  by  the  said  Board  of  Commissioners,  or  any  of  four  of  them,  the 
Comptroller  being  one. 

Sec.  63.  All  stocks  and  sureties  which  shall  be  purchased  by  the 
said  Board  of  Commissioners  shall  be  transferred  to  the  said  Commis- 
sioners, and  all  transfers  thereof,  when  disposed  of  pursuant  to  the 
provisions  of  this  article,  shall  be  made  by  the  said  Commissioners, 
or  any  four  of  them,  of  whom  the  Comptroller  shall  be  one. 

Sec.  64.  The  City  stock  which  shall  be  purchased  by  the  Board 
of  Commissioners  shall  not  be  cancelled  by  them  until  the  final 
redemption  of  the  said  stock,  and  all  interest  accruing  thereon  shall 
regularly  be  carried  to  the  said  Sinking  Fund  for  the  Redemption  of 
the  City  Debt. 

Sec.  65.    The  revenues  herein  assigned  for  the  redemption  of  the 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


City  debt  shall  be  kept  distinct  from  all  other  revenues  belonging  to 
the  said  Board  of  Commissioners.  s 

Sec.  66.  All  moneys  constituting  the  fund  for  the  Payment  of 
the  Interest  on  the  City  Debt,  whenever  required  to  meet  such  inter- 
est, shall  be  drawn  from  the  Treasury  in  the  same  manner  prescribed 
above. 

Sec.  67.  Nothing  in  this  ordinance  shall  be  so  construed  as  to 
prevent  the  said  Board  of  Commissioners  from  temporarily  investing 
the  unemployed  moneys  belonging  to  the  Sinking  Fund  in  the  tem- 
porary bonds  of  the  Corporation. 

Sec.  68.  It  shall  be  the  duty  of'the  Comptroller  to  keep  a  correct 
journal  of  the  proceedings  of  the  said  Board  of  Commissioners,  to  be 
verified  by  any  four  of  them,  himself  being  one;  and  once  in  each 
year,  or  oftener  if  required,  to  render  unto  the  Board  of  Aldermen  a 
full  and  detailed  report  of  the  proceedings  of  the  said  Board  of  Com- 
missioners. 

Sec.  69.  The  said  report  shall  specify  the  disbursements,  pur- 
chases, exchanges  and  sales  made  by  the  said  Board  of  Commission- 
ers, the  prices  at  which  and  the  parties  from  whom  such  purchases, 
with  whom  such  exchanges,  and  to  whom  such  sales  shall  have  been 
made;  the  amounts  and  descriptions  of  the  stocks  of  this  City  pur- 
chased by  the  said  Board;  the  amounts  and  descriptions  of  the  stocks 
of  this  State  and  of  the  United  States  then  held  by  them;  the  amounts 
paid  for  interest  on  the  City^  stocks,  with  a  detailed  statement  of  the 
receipts  and  the  unemployed  moneys  in  the  City  Treasury  to  the  credit 
of  each  division  of  the  Sinking  Fund. 

Sec.  70.  The  terms  "City  debt"  and  "City  stock"  used  in  this 
article  shall  be  construed  to  mean  any  stock  or  fund  created  by  the 
Corporation  of  The  City  of  New  York. 

Sec.  71.  The  Board  of  Commissioners  of  "the  Sinking  Fund  :>r 
The  City  of  New  York  for  the  Redemption  of  the  City  Debt"  pre 
hereby  authorized,  as  provided  by  the  Greater  New  York  Charter,  by 
concurrent  resolution,  to  direct  that  the  bonds  and  stocks  of  The  City 
of  New  York,  hereafter  issued,  pursuant  to  law,  shall  be  exempt  from 
taxation  by  said  City,  and  by  the  County  of  New  York,  but  not  from 
taxation  for  State  purposes,  and  all  bonds  and  stocks  issued  pursu- 
ant to  such  authority  shall  be  exempt  from  taxation  accordingly,  pro- 
vided that  said  bonds  and  stocks  shall  not  bear  interest  exceeding  the 
rate  of  four  per  cent,  per  annum. 

Article  4 — The  Sale  of  Real  Estate  Belonging  to  the  Sinking  Fund. 

Sec.  72.  The  Board  of  Commissioners  of  the  Sinking  Fund  are 
hereby  authorized  to  sell  and  dispose  of  all  real  estate  belonging  to 
the  Corporation  and  not  in  use  for  or  reserved  for  public  purposes  at 
public  auction  or  by  scaled  bids,  at  such  times  and  on  such  terms  as 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


15 


they  may  deem  most  advantageous  for  the  public  interest,  in  conform- 
ity with  the  provisions  of  the  statute  in  this  article  before  referred  to; 
provided,  however,  that  no  property  shall  be  disposed  of  for  a  smaller 
sum  than  that  affixed  to  the  description  of  said  property  under  this 
article,  and  at  least  thirty  days'  previous  notice  of  the  time  and  place 
of  such  sale,  including  a  description  of  the  property  to  be  sold,  be 
published  in  the  CITY  RECORD. 

Sec.  73.  Real  estate  under  lease,  without  covenants  of  renewal, 
shall  not  be  sold  for  a  less  sum  than  the  same  may  be  appraised  at 
by  the  Board  of  Commissioners  of  the  Sinking  Fund,  or  a  majority 
of  them,  at  a  meeting  to  be  held  and  on  appraisement  made  within 
one  month  prior  to  the  date  of  the  sale. 

Sec.  74.-  Real  estate  under  lease,  without  covenant  of  renewal, 
shall  not  be  sold  for  a  less  sum  than  an  amount  equal  to  the  commuta- 
tion on  the  present  rents  reserved,  calculated  at  six  per  cent. 

Sec.  75.  Real  estate  not  embraced  in  the  last  two  preceding  sec- 
tions shall  not  be  sold  for  a  less  sum  than  the  same  may  be  so 
appraised  at. 

Sec.  76.  Whenever  any  real  estate  shall  have  been  sold  pursuant 
to  the  preceding  sections  of  this  article,  it  shall  be  the  duty  of  the 
Board  of  Commissioners  of  the  Sinking  Fund,  or  a  majority  of 
them,  to  give  a  certificate,  under  their  hands,  that  the  same  has  been 
sold  pursuant  to  the  provisions  of  this  article,  and  upon  the  produc- 
tion of  such  certificate  and  the  evidence  that  the  proceeds  of  such 
sale  have  been  paid  into  the  Treasury  to  the  credit  of  the  Sinking 
Fund  for  the  Redemption  of  the  City  Debt,  it  shall  be  the  duty  of 
the  Mayor  of  the  City  and  the  Clerk  of  the  Board  of  Aldermen  to 
execute  proper  conveyances  of  such  real  estate  under  their  hands 
and  seal  of  the  City  Corporation. 

Article  5— The  Collector  of  Assessments  and  Arrears. 

Sec.  77.  There  shall  be  paid  to  and  collected  by  the  Collector  of 
Assessments  and  Arrears,  for  the  benefit  of  the  City  Treasury,  on  his 
furnishing  a  bill  of  arrears  or  making  searches  upon  a  requisition  for 
searches  on  each  lot  or  piece  of  property  mentioned  or  referred  to 
therein,  in  respect  to  Croton  water  rents,  50  cents;  in  respect  to 
taxes,  50  cents;  in  respect  to  assessments,  50  cents;  and  for  his 
certificate  upon  any  such  bill  or  search,  when  requested,  10  cents. 

Article  6 — The  Bureau  of  City  Revenue  and  Markets. 

Sec.  78.  The  Collector  of  City  Revenue  and  the  Superintendent 
of  Markets  is  charged  with  the  duty  of  superintending  the  public 
markets,  the  inspection,  regulation  and  management  thereof,  and  of 
the  transferring  and  other  regulation  of  the  stalls  and  stands  therein. 


i6         ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  79.  The  Comptroller  may  appoint  proper  persons  to  remove 
dirt  and  filth  from  the  public  markets,  and  to  perform  such  other 
services  about  the  public  markets  as  is  necessary  to  cleanse  the  same, 
at  a  specified  compensation;  and  may,  at  any  time,  remove  them,  or 
appoint  others  in  their  stead. 

Sec.  80.  Xo  transfer  or  assignment  of  any  stall  or  stand  in  any 
of  the  public  markets  shall  be  made  without  the  written  permission 
of  the  Comptroller,  and  such  transfer  shall  be  duly  entered  upon  the 
register  or  list  of  stands,  and  notice  of  the  transfer,  when  made,  shall 
be  given  to  the  Comptroller. 

Sec.  81.  The  following  places  are  hereby  severally  designated 
and  declared  to  be  the  public  markets  of  the  City  of  Xew  York,  to 
wit:  Clinton  Market,  Essex  Market,  Franklin  Market,  Fulton  Market, 
Jefferson  Market,  Tompkins  Market.  Washington  Market,  West  Wash- 
ington Market,  Gouverneur  slip,  and  the  Farmer's  Market,  bounded 
by  Little  Twelfth  street,  Gansevoort,  Washington  street  and  West 
street  and  Tenth  avenue. 

Sec.  82.  So  much  of  the  lands  as  are  bounded  and  described  as 
follows,  to  wit:  Parcel  No.  1,  bounded  on  the  north  by  the  southerly 
side  of  the  approach  to  the  Williamsburg  Bridge,  on  the  east  by 
the  westerly  side  of  Attorney  street,  on  the  south  by  the  southerly 
clearance  line  of  the  Williamsburg  Bridge,  and  on  the  west  by  a  line 
parallel  with  Attorney  street,  and  distant  160  feet  from  the  west  side 
of  Attorney  street,  said  parcel  being  160  feet  in  length  by  31  feet  9 
inches  in  width.  Parcel  No.  2.  bounded  on  the  north  by  the  southerly 
side  of  the  approach  to  the  Williamsburg  Bridge,  on  the  east  by  the 
westerly  side  of  Ridge  street,  on  the  south  by  the  southerly  clearance 
line  of  Williamsburg  Bridge  property,  and  on  Hie  west  by  the  easterly 
side  of  Attorney  street;  said  parcel  being  about  200  feet  in  length  by 
31  feet  9  inches  in  width:  is  hereby  declared  to  be  a  public  market 
place  for  hucksters  and  peddlers  using  pushcarts,  pending  the  com- 
pletion of  the  bridge,  the  Commissioner  of  Bridges  to  determine  the 
date  of  said  completion. 

Said  hucksters  and  peddlers  are  hereby  authorized  to  stand  in 
the  said  market  place,  as  soon  as  the  same  shall  be  in  proper  condition, 
and  there  to  exhibit  their  wares  and  vend  the  same;  subject  to  such 
rules  and  regulations  concerning  fees,  the  hours  of  doing  business 
and  the  general  management  of  said  market  as  may  be  made  by  the 
Comptroller  of  The  City  of  Xew  York. 

Sec.  83.  Provision  is  hereby  made  for  the  acquisition  and  estab- 
lishment of  a  public  wholesale  market  in  the  Eighth  Ward  of  the 
Borough  of  Brooklyn,  City  of  New  York,  upon  the  lands  and  lands 
under  water  hereinafter  described,  which  are  hereby  selected  for  a 
public  wholesale  market  in  said  Borough  of  Brooklyn,  and  surveys 
and  maps  thereof  are  hereby  directed  to  be  made  and  filed  as  provided 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  17 


by  law.  Said  lands  or  lands  under  water  shall  be  acquired  for  said 
purposes  by  purchase  or  by  condemnation  proceedings,  as  required 
by  law,  provided,  however,  that  this  matter  be  submitted  to  the  Board 
of  Estimate  and  Apportionment,  and  that  no  further  proceedings  be 
taken  until  the  acquisition  of  said  lands  or  lands  under  water  is 
approved  and  authorized  by  the  Board  of  Estimate  and  Apportion- 
ment, as  required  by  law. 

The  lands  and  lands  under  water  so  selected  shall  be  set  apart 
for  use  as  a  public  wholesale  market,  provided,  however,  that  said 
lands  or  lands  under  water  or  any  part  thereof,  whenever  they  shall 
no  longer  be  required  for  the  purpose  of  a  market,  may  be  assigned 
by  the  Commissioners  of  the  Sinking  Fund  for  any  other  public 
purpose,  or  may  be  sold  by  said  Commissioners  in  the  manner  pro- 
vided by  law. 

For  the  purpose  of  paying  for  the  acquisition  of  said  lands  or 
lands  under  water,  whether  such  lands  or  lands  under  water  be 
acquired  by  purchase  or  by  condemnation  proceedings,  and  for  the 
purpose  of  paying  for  the  construction  of  said  market,  the  Comptroller, 
subject  to  the  approval  of  the  Board  of  Estimate  and  Apportionment, 
in  the  manner  provided  by  law.  is  authorized  to  issue  Corporate  Stock 
of  The  City  of  Xew  York.  Such  Corporate  Stock  shall  be  issued  from 
time  to  time  upon  the  requisition  of  the  Board  of  Estimate  and  Appor- 
tionment, to  the  amount  of  such  requisition  or  requisitions,  and  the 
proceeds  thereof  shall  be  paid  into  the  City  Treasury  and  shall  con- 
stitute a  fund  for  the  purpose  aforesaid. 

The  lands  or  lands  under  water  hereinbefore  mentioned  and 
referred  to  are  described  as  follows: 

All  that  certain  plot,  piece  or  parcel  of  land  and  land  under  water, 
situate,  living  and  being  in  the  Eighth  Ward,  Borough  of  Brooklyn, 
County  of  Kings,  City  and  State  of  Xew  York,  bounded  and  described 
as  follows:  Beginning  at  a  point  on  the  westerly  line  or  side  of 
Second  avenue,  375  feet  northerly  from  the  centre  line  of  Thirty-ninth 
street,  as  said  street  and  avenue  are  laid  down  on  the  map  of  the  Com- 
missioners appointed  by  the  Legislature  of  the  State  of  Xew  York 
to  lay  out  streets,  avenues  and  squares  in  the  former  City  of  Brooklyn: 
running  thence  westerly  on  a  line  parallel  with  and  distant  375  feet 
from  said  centre  line  of  Thirty-ninth  street  to  the  pierhead  line  as 
established  by  chapter  491  of  the  Laws  of  1884.  and  approved  by  the 
Secretary  of  Wrar  on  March  4,  1890;  thence  northeasterly  along  said 
pierhead  line  to  a  point  on  the  westerly  prolongation  of  the  southerly 
line  of  Thirty-sixth  street,  as  laid  down  on  said  map;  thence  easterly 
along  the  westerly  prolongation  of  the  southerly  line  of  Thirty-sixth 
street  to  the  westerly  line  or  side  of  Second  avenue,  376  feet,  more  or 
less,  to  the  point  or  place  of  beginning. 


i8 


ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 


Article  6A. 

Sec.  83A.  Every  cart,  wagon  or  other  vehicle  in  which  articles 
shall  be  brought  to  market,  or  which  shall  come  within  the  limits  of 
any  market,  shall  be  removed  therefrom  at  or  before  seven  o'clock 
in  the  morning  of  each  day  between  the  first  day  of  May  and  the  first 
day  of  October,  and  at  or  before  eight  o'clock  in  the  morning  of  each 
day  during  the  remainder  of  the  year,  under  the  penalty  of  five  dollars 
for  each  offense,  to  be  paid  by  the  owner  or  person  having  charge 
thereof. 

Sec.  83B.  Every  cart,  wagon  or  other  vehicles  in  which  any 
garden  produce  or  other  thing  shall  be  brought  to  market  shall  be 
unloaded  immediately  on  its  arrival  at  the  said  market  and  forthwith 
removed  from  said  market  or  the  limits  thereof,  under  the  penalty 
of  ten  dollars  for  every  refusal  or  neglect  to  remove  the  same,  to  be 
recovered  from  the  owner  or  owners,  or  person  or  persons  having 
charge  thereof,  severally  and  respectively. 

Sec.  83C.  All  carts,  wagons  or  other  vehicles,  and  all  boves, 
baskets  or  other  things,  and  all  market  produce  or  other  article^  what- 
soever which  shall  not  be  removed  as  directed  by  the  Superintendent 
of  Markets,  shall  be  removed  by  him  to  the  corporation  yard,  and 
such  part  thereof  as  will  pay  the  penalty  imposed  by  this  article  shall 
be  forthwith  sold,  and  the  said  penalty,  when  thus  received,  shall  be 
paid  over  by  the  said  Superintendent  to  the  Chamberlain  of  the  City. 

Sec.  83D.  The  said  Superintendent  shall  also  sell  so  much  of  the 
said  article  or  thing  as  will  pay  the  expense  of  removal,  and  the 
remainder  thereof  shall  continue  in  the  place  to  which  it  was  removed 
until  the  owner  thereof  shall  pay  to  the  said  Superintendent,  for  the 
use  of  The  City  of  New  York,  the  sum  of  six  cents  for  every  cart  or 
wagon  load  thereof  for  every  day  the  same  shall  have  remained  in 
the  said  place  of  removal. 

Sec.  83E.  The  owner  of  every  cart  or  other  vehicle  used  for  the 
purpose  of  bringing  meat,  garden  produce  or  other  thing  to  any  of 
the  public  markets  to  be  sold  shall  cause  his. or  her  name  to  be  painted 
in  a  plain  manner  and  on  a  conspicuous  part  of  such  cart  or  other 
vehicle,  under  the  penalty  of  five  dollars  for  every  time  the  same  shall 
be  used  or  driven  in  The  City  of  New  York  without  such  name,  to 
be  recovered  from  the  owner  or  driver  thereof,  severally  and  respect- 
ively. 

Sec.  83F.  The  last  preceding  section  shall  not  be  construed  to 
apply  to  the  carts  used  by  licensed  cartmen  of  this  City,  nor  to  wagons, 
carts  or  other  vehicles  owned  by  countrymen  and  bringing  such  coun- 
trymen's produce  to  market. 


ORDINANCES  OK  THE  CITY  OF  NEW  YORK. 


19 


C 1 1  AFTER  5— THE  BOROUGH  PRESIDENTS. 
Article  1 — Contracts  and  General  Powers. 

Sec-  84.  All  contracts  for  work,  materials  or  supplies  relating  to 
any  of  the  matters  under  the  cognizance  of  the  respective  Borough 
Presidents,  shall  be  made  by  the  said  Borough  Presidents,  and  bonds, 
to  be  approved  by  the  Comptroller,  shall  be  taken  for  the  faithful 
performance  thereof;  all  such  contracts  shall  be  executed  in  triplicate 
by  the  said  Borough  Presidents  on  the  part  of  the  Corporation,  and 
by  the  contractor;  one  original  copy  so  executed  shall  be  kept  and 
filed  in  the  office  of  the  Borough  President,  one  shall  be  filed  in  the 
office  of  the  Comptroller,  and  the  third  shall  be  given  to  the  contractor. 

4Sec.  85.  Xo  payment  shall  be  made  on  any  work  or  job  done 
by  contract,  for  any  extra  work  thereon  not  specified  in  the  contract, 
imless  such  extra  work  shall  have  been  done  by  the  written  order  of 
the  Borough  President  directing  the  same,  and  stating  that  such  work 
is  not  included  in  the  contract.  And  no  such  expenditure  shall  in  any 
case  be  made,  the  total  amount  of  which  on  any  one  work  shall 
exceed  $1,000.  unless  the  same  shall  be  authorized  by  the  Board  of 
Aldermen. 

Sec.  86.  All  moneys  payable  by  the  Corporation  for  work  done, 
or  supplies  furnished  by  contract  or  otherwise,  under  the  Borough 
Presidents,  shall  be  paid  by  the  Comptroller,  by  warrant  drawn  in 
favor  of  the  person  or  persons  to  whom  payments  are  due.  except  as 
otherwise  provided  in  these  ordinances,  and  except  that  in  the  case 
of  a  payroll  for  labor  performed  under  the  supervision  of  the  Borough 
Presidents,  the  Comptroller  may;  draw  a  warrant  for  the  total  amount 
of  such  payroll,  in  favor  of  the  Chamberlain,  who  shall  make  the 
payments  therein  specified. 

Sec.  87.  Xo  payments  shall  be  made  for  any  work  or  supplies 
within  the  cognizance  of  the  Borough  Presidents,  except  upon  the 
requisition  of  the  Borough  President,  upon  a  voucher  duly  certified. 
A  receipt  shall  be  taken  upon  each  of  such  vouchers  at  the  time  of 
payment,  which  shall  be  filed  in  the  office  of  the  Comptroller. 

Sec.  88.  The  respective  Borough  Presidents  shall,  when  required 
by  the  Board  of  Aldermen,  inquire  into  and  report  upon  any  of  the 
matters  within  their  cognizance,  and  shall,  from  time  to  time,  com- 
municate to  the  Board  of  Aldermen  any  information  or  suggestion 
which  he  may  deem  important  in  relation  thereto. 

Sec.  89.  Each  Borough  President  shall  issue  proposals  and  adver- 
tise for  bids  for  all  contracts  exceeding  $1,000  connected  with  his 
Department;  and  whenever  a  survey  or  plans  shall  be  necessary  for 
the  work  duly  authorized,  or  for  the  purpose  of  reporting  any  neces- 
sary information,  he  shall  cause  such  survey  or  plans  to  be  made  by 


20 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


a  competent  surveyor,  architect  or  Engineer,  as  the  nature  of  the 
work  may  require. 

Sec.  90.  He  shall  control  and  direct  all  expenditures  to  be  made 
by  his  Department,  shall  countersign  and  draw  his  requisition  upon 
the  Comptroller  for  the  payment  of  all  bills  and  accounts  therefor 
which  in  his  judgment  are  correct,  and  which  may  be  duly  certified 
by  the  Department  under  whose  supervision  the  expenditure  was  in- 
curred; and  no  requisition  shall  be  drawn  by  any  Borough  President 
for  the  payment  of  any  bills  or  accounts  until  the  same  shall  have  been 
duly  certified  as  aforesaid,  except  that  bills  and  accounts  for  expendi- 
tures for  the  removal  of  incumbrances  or  for  other  expenditures 
authorized  by  ordinance,  but  not  under  the  immediate  supervision  of 
any  Department,  shall  be  certified  by  the  Borough  President.  * 

Sec.  91.  The  President  of  each  Borough  shall  present  and  report 
to  the  Corporation  Counsel  all  encroachments  on  the  streets  or 
avenues  in  The  City  of  New  York  which  may  be  brought  to  his  notice, 
or  take  such  other  action  thereon  as  may  be  prescribed  by  ordinance 
in  relation  thereto.  He  shall  appoint  a  competent  inspector  of  con- 
tract work  connected  with  his  Department,  in  all  cases  where  he  may 
deem  the  public  service  requires  such  inspector.  In  all  cases  where 
an  assessment  shall  be  levied  for  any  improvements  the  amount  paid 
for  inspection  on  any  contract  work  connected  therewith  shall  be 
assessed  and  collected"  with  the  other  expenses  of  such  improvement, 
except  where  the  inspector's  wages  are  legally  chargeable  to  the 
contractor. 

Sec.  92.  In  all  cases  where  provision  is  made  by  ordinance  that 
the  consent  of  any  Borough  President  may  be  obtained  to  authorize 
any  act  to  be  done,  he  may  grant  permits  therefor,  subject  to  the 
restriction  of  the  ordinances  in  relation  thereto. 

Sec.  93.  He  shall  cause  to  be  entered  in  books  to  be  provided  for 
that  purpose  and  kept  in  his  office,  open  at  all  convenient  times  to 
public  inspection,  the  names  of  all  persons  from  whom  he  may  receive 
money  for  the  Corporation,  011  trust  account  or  otherwise;  the 
amounts  received,  on  what  account,  and  when  paid;  and  shall  render 
a  certified  account  thereof,  under  oath,  item  by  item,  to  the  Comp- 
troller, on  Thursday  of  each  week,  and  shall  thereupon  pay  over  the 
amount  so  received  to  the  Chamberlain.  He  shall  thereupon  receive 
from  the  Chamberlain  duplicate  vouchers  for  the  payment  thereof, 
one  of  which  he  shall,  on  the  same  day,  file  in  the  office  of  the  Comp- 
troller. 

Sec.  94.  He  may  direct  the  removal  of  any  article  or  thing  what- 
soever which  may  incumber  or  obstruct  a  street  or  avenue  in  The 
City  of  New  York,  under  the  penalties  prescribed  by  law. 

Sec.  95.    Each  Borough  President  shall  keep  separate  accounts 


ORDINAN'CES  OF  THE  CITY  OF  NEW  YORK. 


21 


with  the  two  appropriations,  one  for  the  removal  of  incumbrances  and 
the  other  for  the  contingencies  of  his  Department,  and  the  several, 
drafts  shall  he  made  upon  the  Comptroller,  charging  each  appropria- 
tion with  the  respective  drafts,  and  the  Comptroller  shall  draw  his 
warrant  in  each  case  in  favor  of  the  Borough  President  for  the 
amounts  thereof. 

Sec.  96.  All  articles  removed  as  provided  in  this  article  may  be 
redeemed  by  the  owner  upon  his  paying  to  the  Borough  President, 
for  the  use  of  the  Corporation,  the  necessary  expenses  of  removal, 
together  with  six  cents  per  day  for  every  cart-load  thereof  during: 
the  time  it  shall  remain  unclaimed. 

Sec.  97.  Each  Borough  President  shall  enter  in  a  book,  to  be 
provided  for  that  purpose,  a  list  of  all  articles  so  removed,  with  the 
time  of  removal  and  the  expenses  thereof,  and  when  the  same  shall 
be  redeemed  he  shall  likewise  enter  therein  the  name  of  the  person 
redeeming  the  same  and  the  amount  received  therefor,  and  shall 
render  a  certified  account  thereof  to  the  Comptroller  on  Thursday 
of  each  week,  and  shall  thereupon  pay  over  the  amount  received  to 
the  Chamberlain.  He  shall  also  thereupon  receive  from  the  Cham- 
berlain duplicate  vouchers  for  the  payment  thereof,  one  of  which  he 
shall  on  the  same  day,  file  in  the  office  of  the  Comptroller. 

Sec.  98.  He  shall  between  the  first  and  tenth  days  of  February, 
May,  August  and  November,  and  at  any  other  time  he  may  designate, 
advertise  and  sell,  at  public  auction,  all  such  articles  so  removed  as 
shall  have  been  in  the  public  yard,  or  other  suitable  place,  one  month 
prior  to  the  time  of  advertising;  and  he  shall  immediately  after  such 
sale,  account  for  and  pay  the  proceeds  thereof  into  the  City  Treasury 
in  the  manner  provided  in  the  last  section. 

Sec.  99.  The  jurisdiction  over  the  Corporation  yards,  except  such 
as  are  or  shall  be  established  by  the  Commissioner  of  Street  Cleaning-, 
is  vested  in  the  Borough  President. 

Sec.  100.  The  Presidents  of  the  Boroughs  of  The  City  of  New- 
York  be  and  they  are  each  of  them  hereby  authorized  to  close  tempo- 
rarily to  traffic  any  street,  avenue  or  public  highway,  or  a  portion 
thereof,  when  in  their  judgment  travel  on  said  street,  avenue  or 
public  highway  is  deemed  to  be  dangerous  to  life  in  consequence  of 
there  being  carried  on  in  said  street,  avenue  or  public  highway,  build- 
ing operations,  repairs  to  said  pavements,  or  blasting  for  the  purpose 
of  removing  rock  from  abutting  property. 

Article  2 — Numbering  Streets  and  Buildings. 

Sec.  101.  It  will  be  the  duty  of  any  Borough  President,  in  num- 
bering and  renumbering  streets,  to  leave  sufficient  numbers  on  each 
block,  so  that,  under  any  circumstances,  there  would  be  but  one 


22         ORDI  WW'CES  OF  THE  CITY  OF  NEW  YORK. 


block  where  a  change  would  be  required  in  case  of  renumbering  at 
any  subsequent  time. 

Sec.  102.  Whenever  any  street  north  of  Ninth  street  inclusive,  in 
the  Borough  of  Manhattan,  shall  be  directed  to  be  numbered  or  re- 
numbered, the  President  of  the  Borough  shall  cause  the  numbers  to 
commence  at  Fifth  avenue,  numbering  east  and  west,  beginning  with 
No.  i  on  the,  west  side  of  Fifth  avenue;  No.  100  on  the  west  side  of 
Sixth  avenue;  No.  200  on  the  west  side  of  Seventh  avenue,  and  so  on 
east  and  west  of  the  whole  series  of  streets  north  of  Ninth  street,  and 
including  Ninth  street;  and  said  streets  shall  hereafter  be  called  and 
known  as  Hast  Ninth  street  and  West  Ninth  street  and  so  on;  the 
dividing  line  to  be  Fifth  avenue. 

See.  103.  Whenever  any  street  shall  have  been  numbered  or  re- 
numbered, in  pursuance  of  these  ordinances,  such  numbers  shall  not 
he  changed  or  altered  without  the  consent  of  the  President  of  the 
Borough,  under  the  penalty  of  twenty-live  dollars  ($25)  for  each 
offense,  to  be  sued  for  and  collected  of  the  person  or  persons  so 
violating  these  ordinances. 

See.  104.  In  all  cases  where  a  street  shall  have  been  numbered  or 
renumbered,  in  pursuance  of  these  ordinances,  it  shall  be  the  duty  of 
the  Borough  President  thereafter  to  adjust  and  renumber  such  street 
as  the  same  may  be  required  from  time  to  time. 

Sec.  105.  Whenever  any  house  or  lot  in  any  street  in  the  Bor- 
ough of  Manhattan  shall  have  been  numbered  or  renumbered,  accord- 
ing to  law  or  the  provisions  of  these  ordinances,  it  shall  be  the  duty 
of  the  President  of  the  Borough  to  cause  to  be  served  upon  the 
owner  of  the  house  so  numbered  or  renumbered,  or  upon  his  agent, 
or  upon  the  sole  lessee  (if  any)  of  such  house,  either  personally  or 
"by  leaving  at  the  residence  of  said  owner,  agent  or  lessee  a  copy  of 
the  resolution  or  ordinance  so  numbering  or  renumbering  such  house, 
together  with  a  notice  designating  the  numbering  or  renumbering  of 
the  same,  directed  to  such  owner,  agent  or  lessee.  If  such  owner, 
agent  or  lessee  shall  fail,  within  ten  days  after  such  service,  to  number 
,or  renumber  in  a  conspicuous  manner  the  house  so  numbered  or 
renumbered,  as  aforesaid,  the  one  or  such  of  them  so  notified,  and 
failing  as  aforesaid,  shall  be  jointly  and  severally  liable  to  a  penalty 
of  $1  for  each  day  after  the  expiration  of  said  ten  days,  until  such 
resolution  or  ordinance  shall  have  been  complied  with.  Provided, 
however,  that  the  penalty  above  provided  for  shall  not  be  recoverable 
in  either  of  the  following  cases:  First,  as  against  the  agent  if  he  offer 
satisfactory  proof  that  compliance  with  the  resolution  or  ordinance  is 
not  within  the  scope  of  his  authority;  second,  as  against  the  lessee, 
ii  he  offer  satisfactory  proof  that  his  control  of  the  demised  house 
does  not  extend  to 'numbering  or  renumbering  the  same;  third,  as 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


23 


against  any  defendant  who  shall  prove  that  the  house  in  question 
has  been  numbered  or  renumbered  within  the  two  years  last  pre- 
ceding the  date  of  the  beginning  of  the  action  for  such  penalty.  A 
copy  of  this  section  shall  be  indorsed  upon  each  notice  so  served  as 
aforesaid. 

Sec.  106.  No  person  or  persons  shall  cover  up  or  remove  any  of 
the  monument  stones  for  designating  the  avenues  or  streets  in  The 
City  of  New  York,  without  giving  three  days'  notice  in  writing  of 
his  intention  so  to  do  to  the  President  of  the  Borough  in  which  such 
monument  stone  is  situated. 

Sec.  107.  Tt  shall  be  the  duty  of  the  Borough  President  receiving 
such  notice  forthwith  to  cause  one  of  the  City  Surveyors  or  an  Engi- 
neer in  his  Department  to  take  the  necessary  measures  to  raise  or 
lower  such  monument  to  the  proper  grade  of  the  City,  and  to  cause 
such  alteration  to  be  noticed  on  maps  to  be  kept  in  his  office  for 
that  purpose. 

Sec.  108.  It  shall  be  the  duty  of  each  of  the  Borough  Presidents 
above  mentioned  in  all  contracts  hereafter  made  by  him  for  regulating- 
any  of  the  streets  or  avenues  in  which  monuments  are  placed  to  insert 
therein  a  covenant  on  the  part  of  the  contractors  to  give  the  notice- 
above  required,  and  to  replace  such  stones,  under  the  direction  of  the 
said  Borough  President. 

Sec.  109.  No  excavation  or  embankment  shall  be  made,  or  any 
pavement  or  flagging  laid  or  moved  by  any  person  or  persons  within 
two  feet  of  any  monument  or  bolt,  which  has  been  set  by  proper 
authority  or  designated  on  any  official  map  as  a  landmark  to  denote 
street  lines  within  The  City  of  New  Yrork,  unless  a  license  therefor 
has  been  obtained  from  the  President  of  the  Borough  in  which  such 
monument  or  bolt  is  situated. 

Sec.  1 10.  Whenever  it  may  be  necessary  to  make  any  excavation' 
or  embankment,  or  to  lay  or  remove  any  pavement  or  flagging  within 
two  feet  of  any  street  monument  or  bolt,  as  aforesaid,  any  person 
or  persons  intending  to  do  such  work  shall  make  written  application 
to  the  Borough  President  having  jurisdiction  as  aforesaid  for  a 
license,  which  application  shall  set  forth  the  nature  of  the  work 
proposed  and  the  location  of  the  monument  affected  thereby. 

The  said  Borough  President  shall  thereupon  cause  one  of  the- 
City  Surveyors  or  an  Engineer  in  his  Department  to  take  such  meas- 
urement and  field  notes  as  may  be  necessary  to  restore  such  mon- 
uments to  their  correct  position  after  the  completion  of  the  contem- 
plated work,  and  when  such  measurements  and  field  notes  have  been 
taken,  but  not  before,  may  issue  a  license  as  desired. 

Sec.  in.  Whenever  any  of  the  Borough  Presidents  above  men- 
tioned shall  ascertain  that  any  monument  stone  has  been  removed,  lie 


24 


ORDIN  WCKS  OF  THE  CITY  OF  NEW  YORK 


shall  forthwith  cause  the  same  to  be  placed  in  its  proper  position, 
and  shall  note  the  same  on  the  map  in  the  manner  before  stated. 

Sec.  112.  The  expenses  attending  the  same  shall  be  paid  by  the 
Comptroller  on  the  certificate  of  the  Borough  President  causing  such 
work  to  be  done. 

Sec.  113.  If  any  person  or  persons  shall  make  any  excavation  or 
embankment,  or  lay  or  take  up  any  pavement  or  flagging  within  two 
feet  of  any  street  monument,  or  shall  in  any  way  remove,  injure  or 
deface  any  such  monument,  without  having  first  obtained  a  license  as 
aforesaid,  such  person  or  persons  shall  be  subject  to  a  penalty  of  $50 
for  each  offense,  to  be  imposed  by  any  Police  Magistrate  or  Justice 
either  on  his  own  view  or  on  testimony  taken  in  a  summary  manner, 
and  in  default  of  payment  of  any  fine  so  imposed,  such  Police  Justice 
or  Magistrate  shall  commit  such  offender  to  the  City  Prison  for  a 
period  not  to  exceed  thirty  days,  unless  such  fine  is  sooner  paid. 

Article  3 — Flagging,  Curbing  and  Repairing  Sidewalks. 

Sec.  114.  All  streets  in  the  Borough  of  Manhattan  of  22  feet  in 
width  and  upward  shall  have  sidewalks  thereof  laid  with  granite  or 
blue-stone  flagging,  not  less  than  3  inches  thick,  and  not  less  than  2 
feet  wide,  and  containing  a  superficial  area  of  at  least  8  square  feet. 

Sec.  115.  In  all  streets  of  the  Borough  of  Manhattan  of  the 
width  of  40  feet  and  upward,  which  are  paved,  or  shall  hereafter  be 
paved  or  repaved,  the  sidewalks  or  footwalks  between  the  lines  of 
the  streets  and  kennels  shall  be  of  the  following  width,  that  is  to  say: 

1.  In  all  streets  40  feet  wide,  10  feet. 

2.  In  all  streets  50  feet  wide,  13  feet. 
...    In  all  streets  60  feet  wide,  15  feet. 

4.  In  all  streets  70  feet  wide.  18  feet. 

5.  In  all  streets  75  feet  wide,  18  feet  6  inches. 

6.  In  all  streets  80  feet  wide.  19  feet. 

7.  In  all  streets  above  80  feet,  and  not  exceeding  100  feet,  20  feet. 

8.  In  all  streets  of  more  than  100  feet,  22  feet  and  no  more. 
Sec.  116.    In  all  streets  less  than  40  feet  in  width  such  proportion 

thereof  as  may  be  directed  by  the  President  of  the  Borough  in  which 
such  streets  are  located  shall  be  used  and  flagged  for  sidewalks  and 
•footpaths. 

Sec.  117.  Omitted. 

Sec.  118.  All  sidewalks  in  the  Borough  of  Manhattan  shall  be 
raised  from  the  curbstone  in  the  proportion  of  2  inches  on  10  feet, 
tinder  the  penalty  of  $10.  to  be  sued  for  and  recovered  from  the 
persons  laying  and  fixing  the  same  and  the  owner  or  owners  of  the 
lot  fronting  on  the  sidewalk  severally  and  respectively. 

Sec.  119.    No  person  shall  extend  the  sidewalk  before  his  lot 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


25 


beyond  that  of  his  neighbor,  in  any  street  where  the  same  is  not 
extended  to  the  width  allowed  by  law.  under  the  penalty  of  $10  for 
each  offense,  to  be  sued  for  and  recovered  from  the  person  or  persons 
so  violating,  and  the  owner  or  owners  of  the  lots  fronting  on  such 
sidewalks,  severally  and  respectively. 

Sec.  120.  The  last  preceding  section  of  this  article  shall  not  be 
construed  to  prevent  the  extending  of  any  such  sidewalks  when  a 
majority  of  the  owners  of  property  on  the  same  side  of  the  street 
and  between  the  tu'o  nearest  corners,  by  and  with  the  permission  of 
the  President  of  the  Borough  in  which  such  street  is  located,  agree 
to  and  do  extend  the  sidewalks  in  front  of  their  respective  lots  of 
ground  in  like  manner. 

Sec.  121.  No  sidewalk  or  any  part  of  a  sidewalk  laid  with  brick 
or  flagging  shall  hereafter  be  taken  up  or  the  brick  or  flagging  re- 
moved therefrom,  for  any  purpose  whatever,  in  The  City  of  New 
York,  without  the  written  permission  of  the  President  of  the  Borough 
in  which  the  same  is  situated,  under  the  penalty  of  $25  for  every  such 
offense;  but  the  provisions  of  this  section,  unless  such  work  should 
come  within  the  limits  of  an  ordinance  of  the  Board  of  Aldermen, 
shall  not  apply  to  any  person  engaged  in  the  necessary  repairs  of 
any  such  sidewalk,  the  resetting,  when  necessary  of  an}-  curb  or 
gutter-stones  that  may  have  become  displaced,  broken  or  sunken,  or 
the  necessary  repair  or  alteration  of  any  coal  slide  under  any  side- 
walk, nor  shall  a  permit  for  any  such  purpose  be  necessary. 

Sec.  122.  All  private  cart-ways,  crossing  any  of  the  sidewalks  of 
the  Borough  of  Manhattan,  and  all  sidewalks  whatever,  shall  be  paved 
with  granite  or  blue  stone,  not  less  in  size  than  eight  superficial 
feet,  hewn  and  laid  closely  together,  and  not  with  brick  or  with  round 
or  paving  stones,  under  the  penalty  of  $10  upon  the  owner  and 
occupant  of  the  lot  in  front  of  which  such  cart-way  or  sidewalk 
shall  be,  severally  and  respectively. 

Sec.  123.  In  case  any  part  of  such  private  cartway  or  any  part 
of  such  sidewalk  shall  not  be  paved,  repaved  or  repaired  according  to 
the  provisions  of  the  last  section,  it  shall  be  lawful  for  the  said  Bor- 
ough President  to  order,  in  writing,  the  same  to  be  done  within  a 
time  mentioned  in  such  order,  at  the  expiration  of  which  time  the  same 
may  be  done  under  the  direction  of  the  said  Borough  President,  and 
the  expense  thereof  collected  of  the  owner  or  owners,  occupant  or 
occupants  of  the  lot  fronting  thereon. 

Sec.  124.  All  curb-stones  which  shall  hereafter  be  laid  for  the 
purpose  of  supporting  the  sidewalks  shall  not  be  less  than  three  feet 
in  length.  5  inches  thick,  20  inches  wide  throughout,  and  shall  be  of 
the  best  blue  stone  or  gray  granite,  and  cut.  prepared  and  laid  in  the 
following  manner,  that  is  to  say:  10  inches  of  the  stone  shall  be  laid 


26         ORDIXANXES  OF  THE  CITY  OF  NEW  YORK. 


below  the  kennel  and  10  inches  above  it.  except  where  the  length  of 
t he  curb-stone  to  be  laid  or  relaid  shall  be  less  than  the  space  between 
the  streets  crossing  that  in  which  it  is  to  be  laid,  in  which  case,  if 
the  curb-stone  in  front  of  the  lots  adjoining  shall  be  put  more  than  8 
inches  above  the  gutter-stone,  unless  the  person  or  persons  laying  or 
relaying  the  same  shall,  by  permission  of  the  owner  or  owners  of  the 
lots  adjoining,  at  his  or  her  own  expense,  raise  the  adjoining  sidewalk 
or  sidewalks,  and  replace  the  same  in  a  proper  manner,  for  a  space 
of  at  least  5  feet  in  width,  so  as  to  prevent  any  abrupt  irregularity  in 
the  pavement  of  the  sidewalk;  the  top  of  the  stone  shall  be  cut  to  a 
bevel  of  1  inch;  the  front  to  be  cut  smooth  and  to  a  fair  line  to  the 
depth  of  14  inches;  the  ends  from  top  to  bottom  to  be  truly  squared 
as  to  form  close  and  even  joints,  and  the  front  so  laid  as  to  present  a 
fair  and  unbroken  line,  under  the  penalty  of  $10  for  each  or  any 
violation  of  this  section,  to  be  sued  for  and  recovered  from  the  persons 
laying  and  fixing  the  same,  and  the  owner  or  owners  of  the  lots 
fronting  on  the  sidewalk  so  fixed,  severally  and  respectively;  but  in 
all  cases  where  streets  are  repaved  and  curbs  are  reset  at  the  public 
expense,  the  President  of  the  Borough  in  which  the  same  are  located 
may  lay  curb  not  exceeding  8  inches  in  width  and  not  less  than  12 
inches  in  depth,  with  a  foundation  of  concrete  not  less  than  5  inches  in 
depth. 

Sec.  125.  All  gutter-stones  which  shall  hereafter  be  laid  in  thfs 
city  shall  be  of  the  best  hard  blue  stone  or  granite,  at  least  30  inches 
in  length.  14  inches  in  width,  and  6  inches  thick,  and  shall  be  cut  to  a 
fair  and  level  surface  without  windings,  with  true  and  parallel  sides, 
■and  the  ends  square  so  as  to  form  tight  and  close  joints,  under  the 
penalty  of  $10,  to  be  sued  for  and  recovered  from  the  person  or  per- 
sons laying  the  sidewalk  and  the  owner  or  owners  of  the  lot  fronting 
on  the  sidewalk  or  street,  severally  and  respectively. 

Sec.  126.  If  any  street,  when  paved,  shall  not  exactly  range,  the 
gutter  or  outside  of  the  footpath  or  sidewalk  shall  be  laid  out  and 
made  as  nearly  in  a  straight  line  as  the  street  will  permit;  and  the 
ascent  and  descent  of  the  same  shall  be  regulated  by  the  President  of 
the  Borough  in  which  the  same  is  located,  and  a  profile  thereof,  with 
the  regulations  distinctly  marked  thereon,  shall  be  deposited  and  kept 
in  the  office  of  the  Borough  President  regulating  the  same. 

Sec.  127.  When  any  carriageway  shall  have  been  paved,  and  a 
majority  of  owners  of  lots  on  the  same  block  shall  have  regulated  and 
paved  their  sidewalks,  the  President  of  the  Borough  in  which  the  same 
is  located,  shall  give  notice  to  the  owner  or  owners,  or  occupant  or 
occupants,  on  any  lots  in  front  of  which  the  sidewalks  shall  not  be 
paved,  to  regulate  and  pave  the  same  within  a  certain  time  to  be 
designated  in  such  notice. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


27 


Sec.  128.  In  case  of  any  neglect  or  refusal  to  comply  with  the 
requisitions  contained  in  the  notice  mentioned  in  the  last  preceding 
section,  the  owner  or  owners,  or  occupant  or  occupants,  shall  forfeit 
the  penalty  of  $25  for  each  neglect  or  refusal,  severally  or  respectively. 

Sec.  129.  The  owner  or  owners,  lessee  or  lessees,  occupant  or 
occupants  of  any  house  or  building  or  vacant  lots  fronting  on  any 
street  or  avenue,  shall  at  his.  her  or  their  charge  and  expense,  well 
and  sufficiently  pave,  according  to  the  ordinances,  and  keep  and 
maintain  in  good  repair  the  sidewalks  and  curb  and  gutter  of  such 
street  or  avenue  in  front  of  any  such  house  or  other  building  or 
vacant  lot. 

Sec.  130.  Upon  complaint  being  made  to  the  Borough  President 
having  jurisdiction  thereof,  to  his  satisfaction,  that  any  sidewalk  or 
curb  and  gutter,  or  cither,  are  not  paved  or  repaired  according  to 
these  ordinances,  it  shall  be  lawful  for  the  said  Borough  President 
to  cause  a  notice  to  be  served  upon  the  owner  or  owners,  lessee  or 
lessees,  occupant  or  occupants,  of  any  such  house  or  other  building 
or  vacant  lot  of  ground  fronting  on  any  street  or  avenue,  to  repair 
or  relay,  as  the  case  may  require,  the  sidewalk  and  curb  and  gutter, 
or  either,  in  front  of  the  same,  within  ten  days  after  the  service  of 
such  notice. 

Sec.  131.  In  default  of  such  owner  or  owners,  lessee  or  lessees, 
occupant  or  occupants,  repairing  or  relaying,  as  the  case  may  require, 
such  sidewalks  and  curb  and  gutter,  or  either,  within  the  time  required 
by  said  notice  and  complying  with  the  said  notice,  the  said  Borough 
President  is  hereby  authorized  and  required  to  lay  and  relay  the 
flagging,  and  set  and  reset  the  curb  and  gutter,  or  either,  and  otherwise 
repair  such  sidewalks,  and  to  certify  the  expense  of  conforming  to 
the  provisions  of  this  ordinance  to  the  Board  of  Assessors,  who  are 
directed  to  make  a  just  and  equitable  assessment  of  such  expense 
among  the  owners  or  occupants,  of  all  the  houses  or  lots  intended  to 
be  benefited  thereby  in  proportion  as  near  as  may  be  to  the  advantages 
which  they  may  be  deemed  to  acquire,  and  it  shall  be  lawful  for  the 
said  Borough  President  to  report  to  the  Corporation  Counsel  the 
neglect  or  refusal  to  comply  with  the  above  said  notice,  who  shall 
recover  $10  as  a  penalty  from  the  owner  or  owners,  lessee  or  lessees, 
occupant  or  occupants,  of  such  house  or  other  building  in  front  of 
which  the  expense  was  incurred,  in  any  court  having  jurisdiction 
thereof,  in  the  name  of  The  City  of  New  York. 

Article  4 — Paving,  Repaving  and  Repairing  Carriageways. 

Sec.  132.  All  the  streets  in  The  City  of  New  York  of  22  feet  in 
width  and  upward  shall  be  laid  or  paved  in  the  middle,  which  part  shall 
remain  as  a  cartway,  and  shall  have  a  gutter  or  kennel  on  each  side 


28 


ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 


next  adjoining  the  footpath,  and  shall  be  paved  with  sufficient  paving 
stone,  and  arched  in  such  manner  as  the  Borough  Presidents  shall 
direct. 

Sec.  133.  Whenever  the  carriageway  of  any  of  the  streets  in  The 
City  of  New  York,  or  part  of  the  same,  not  less  than  the  space  or 
tli stance  between  and  including  the  intersection  of  two  streets,  shall 
be  repaired  or  newly  paved,  and  the  cross  walks  laid,  and  the  side- 
walks extended  to  the  width  required  by  law.  at  the  expense  of  the 
individual  owners  of  the  lots  in  the  same,  and  the  work  approved  by 
the  proper  city  authorities,  such  streets  or  parts  of  streets  shall  forever 
thereafter  be  paved,  repaired  and  repaved  at  the  expense  of  the  Cor- 
poration, but  this  section  shall  not  be  construed  to  apply  to  any 
wooden  pavement  in  said  City. 

Sec.  134.  Any  citizen  or  number  of  citizens  shall  be  allowed  to 
paye  the  street  opposite  to  his  or  their  property  where  the  same  shall 
extend  from  the  intersection  of  one  cross  street  to  the  intersection 
of  another;  provided,  the  same  be  done  in  conformity  to  the  regula- 
tions of  the  President  of  the  Borough  in  which  such  street  is  located. 

Sec.  135.  All  pavements  hereafter  to  be  laid  in  any  of  the  streets 
or  lanes  of  this  City  by  the  Commissioner  of  Water  Supply,  Gas  and 
Electricity,  or  contractors  for  the  construction  of  sewers,  or  for  the 
laying  of  any  water,  gas  or  other  pipes,  shall,  after  the  pavement  is 
laid  or  driven  down,  have  covered  over  them  1  inch  in  thickness  of 
pure  sand. 

Sec.  136.  Any  and  all  persons  other  than  the  Commissioner  of 
Water  Supply,  Gas  and  Electricity  who  may  hereafter  pave  or  cause  to 
he  paved,  any  street,  lane  or  other  thoroughfare,  or  portion  thereof,  in 
this  City,  shall  have  the  sand,  dirt  and  rubbish  cleaned  off  said  street, 
lane  or  thoroughfare,  or  any  part  thereof,  within  twelve  days  after  any 
such  pavement  so  done  or  laid,  or  excavation  that  may  have  been 
made,  or  other  work  done  in  pursuance  thereof;  and  no  contract  for 
paving,  in  pursuance  of  this  section,  shall  be  accepted  as  completed 
unless  the  city  official  making  the  contract  shall  certify  that  this 
section  has  been  fully  complied  with. 

Sec.  137.  Any  person  or  persons,  excepting  the  Commissioner  of 
"Water  Supply,  Gas  and  Electricity,  neglecting  or  refusing  to  remove 
the  dirt,  sand  or  rubbish  mentioned  herein  within  the  time  specified 
therein,  shall  forfeit  and  pay  the  sum  of  $25  for  each  offense;  and,  in 
addition  thereto,  the  President  of  the  Borough  in  which  such  work 
has  been  done  shall  cause  the  same  to  be  removed  at  the  expense  of 
the  party  so  neglecting  or  refusing,  who  shall  be  liable  to  repay  and 
refund  the  same,  and  which  sum  shall  be  collected  and  paid  into  the 
City  Treasury. 

Sec.  138.  It  shall  not  be  lawful  for  any  of  the  gas  companies  of 
this  City  to  break  up  any  of  the  pavements  of  this  City  without  the 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


29 


permission  of  the  President  of  the  Borough  in  which  such  work  is  to 
he  done;  and  such  consent  shall  not  be  given  until  the  party  applying 
therefor  shall  enter  into  a  stipulation  satisfactory  to  the  said  Borough 
President  to  repair  and  replace  the  said  pavement  to  the  satisfaction 
of  the  said  Borough  President,  at  his  or  their  own  expense,  by  a  day 
to  be  named  in  such  permit;  and  if  any  person  or  persons  shall  neglect 
or  refuse  to  repair  and  replace  the  same  in  accordance  with  such 
stipulation  and  permit,  they  shall  be  liable  to  pay  the  expense  of 
repairing  and  replacing  such  pavement,  which  shall  be  done  by  and 
under  the  direction  of  the  said  Borough  President. 

Sec.  139.  It  shall  be  lawful  for  the  persons  employed  to  pave  or 
repave  any  street  in  The  City  of  New  York,  to  place  proper  obstruc- 
tions across  any  such  street  or  cartway  for  the  purpose  of  preserving 
the  pavement  then  newly  made  or  to  be  made,  until  the  same  shall  be- 
fit for  use,  leaving  at  all  times  a  sufficient  passage  for  foot  passengers. 

Sec.  140.  No  person  or  persons  shall,  without  the  consent  of  the 
Borough  President  having  jurisdiction  of  the  street  in  which  such 
obstruction  is  placed,  in  writing,  or  without  the  consent  of  the  person 
superintending  said  paving,  throw  down,  displace  or  remove  any  such 
obstruction  mentioned  in  the  last  preceding  section,  under  the  penalty 
of  $15  for  every  such  offense. 

Sec.  141.  Nothing  contained  in  this  article  shall  be  construed  to 
authorize  any  person  or  persons  to  stop  up  or  obstruct  more  than  the 
space  of  one  block  and  one  intersection,  at  the  same  time,  in  any  one 
street,  or  to  keep  the  same  so  stopped  up  for  more  than  two  days 
after  the  cartway  is  finished. 

Sec.  142.  Whenever  any  person  or  persons  shall  have  authority 
under  any  contract  with  the  Corporation  or  any  officer  thereof,  or 
under  any  permit  authorizing  the  same,  to  remove  the  pavement  from, 
or  to  excavate,  or  to  occupy  or  use  any  part  of  the  public  streets  and 
avenues  in  the  City,  so  as  to  obstruct  the  travel  in  any  streets  or 
avenues,  and  to  prevent  the  same  from  being  used  for  the  time  being 
for  the  purposes  of  travel,  such  person  or  persons  shall  erect,  or 
cause  to  be  erected,  in  conspicuous  positions,  at  the  several  points  of 
intersection  of  such  street  or  avenue  so  obstructed,  with  the  cross 
streets  nearest  to  such  obstruction,  a  suitable  notice  of  such  obstruc- 
tions, which  notice  shall  be  in  such  manner  and  form  as  the  Borough 
President  having  jurisdiction  of  such  street  may  at  any  time  direct. 

Sec.  143.  Every  person  who  shall  violate  the  preceding  section 
shall  be  subject  to  a  penalty  of  $10,  to  be  sued  for  and  recovered  in 
any  court  of  competent  jurisdiction. 

Sec.  144.  No  pavement  in  any  street  in  The  City  of  New  York 
which  has  been  accepted  by  the  Corporation,  to  be  kept  in  repair  at 
the  public  expense,  shall  hereafter  be  taken  up  or  the  paving  stones 


30 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


removed  therefrom,  for  any  purpose  whatever,  without  the  authority 
of  the  Borough  President  having  charge  thereof,  under  the  penalty 
of  $100  for  every  offense. 

Sec.  145.  Whenever  any  pavement  in  any  such  street,  or  any  part 
or  portion  thereof,  has  been  or  shall  be  taken  up,  or  the  paving  stones 
in  any  such  street  or  part  of  a  street  have  been  or  shall  be  removed 
therefrom,  or  from  the  place  or  position  in  which  they  have  been  put 
in  such  pavement,  in  violation- of  the  preceding  sections,  it  shall  be 
the  duty  of  the  President  of  the  Borough  in  which  such  work  has  been 
done,  forthwith  to  restore  the  paving  stones  so  removed  as  aforesaid 
to  their  place  in  the  said  pavement,  so  as  to  restore  said  pavement,  as 
nearly  as  may  be  practicable,  to  the  condition  in  which  it  was  before 
such  taking  or  removal  as  aforesaid. 

Sec.  146.  Whenever  any  wood,  timber,  stone,  iron  or  any  other 
metal  has  been  or  shall  be  put  or  placed  in  or  upon  any  such  pavement 
so  as  to  hinder  or  obstruct  or  be  in  the  way  of  the  restoration  of 
said  pavement,  as  mentioned  in  the  preceding  section,  it  shall  be  the 
duty  of  the  Borough  President  having  charge  of  the  street  or  pavement 
forthwith  to  cause  such  wood,  timber,  stone,  iron  or  other  metal  to 
be  taken  up  and  removed  from  said  street  or  pavement,  so  that  they 
shall  not  incumber  or  obstruct  said  street  and  the  free  use  of  the 
pavement  therein  and  all  parts  thereof. 

Sec.  147.  Whenever,  hereafter,  any  person  or  association  or  body 
of  persons,  or  any  incorporated  company,  shall  attempt  to  take  up 
any  such  pavement  mentioned  in  this  article,  or  remove  the  paving 
stones,  or  any  of  them,  therefrom,  it  shall  be  the  duty  of  the  Borough 
President  having  charge  thereof  forthwith  to  prevent  the  same,  and 
generally  to  prevent  the  pavement  in  the  street  aforesaid,  and  every 
part  thereof,  from  being  taken  up,  removed,  incumbered  or  obstructed. 

Sec.  148.  It  is  hereby  made  the  duty  of  the  Borough  Presidents, 
each  in  their  respective  jurisdiction,  whenever  granting  a  permit  for 
any  excavation,  opening  or  disturbance  of  the  pavement  of  the  car- 
riageway of  any  street,  'avenue  or  public  place  in  The  City  of  New 
York,  or  sidewalk  thereof,  except  in  cases  where  such  opening,  exca- 
vation or  disturbance  shall  be  directly  authorized  by  law,  to  require 
of  the  person  or  persons  by  whom  or  for  whose  benefit  any  excavation 
or  opening  is  to  be  made,  for  any  purpose  whatever,  a  deposit  of 
such  sum  as  shall  be  deemed  sufficient  to  cover  and  pay  all  the 
expenses  on  the  part  of  the  Department  granting  the  permit,  as  the 
case  may  be,  of  furnishing  such  material,  doing  such  work,  and  taking 
such  means  as  shall  be  required  to  properly  restore  and  secure  against 
sinkage  the  street  and  sidewalk,  pavement,  curb  and  flagging  necessary 
to  be  replaced  in  consequence  of  making  such  excavation,  opening 
or  disturbance;  which  deposit  shall  be  a  full  discharge  of  all  liability 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


and  claim  against  the  person  or  persons  making  such  deposit  and 
payment  for  the  work  herein  provided  for  and  required  of  the  Depart- 
ment aforesaid. 

Sec.  149.  The  said  Borough  Presidents  shall  deposit  weekly  with 
the  City  Chamberlain  all  moneys  received  under  the  last  preceding 
section,  an  account  of  which  moneys  shall  be  kept  separate  and  distinct 
from  all  other  funds  and  accounts  whatsoever  by  the  said  Borough 
Presidents,  and  the  City  Chamberlain,  who  shall  receive  the  same  as 
a  "Special  Fund"  in  respect  to  each  Department  separately,  which 
is  hereby  created  and  established  subject  to  such  payments  as  here- 
inafter provided  for. 

Sec.  150.  Whenever  any  pavement,  sidewalk,  curb  or  gutter  in  any 
street,  avenue  or  public  place  shall  be  taken  up.  it  shall  be  the  duty 
of  the  Borough  President,  within  whose  jurisdiction  said  street  or. 
avenue  is,  to  restore  such  pavement,  sidewalk,  curb  or  gutter  to 'its 
proper  condition  as  soon  thereafter  as  is  practicable,  requiring  the 
person  or  persons  by  whom  or  for  whose  benefit  the  same  is  removed 
to  deposit  the  material  composing  the  superstructure  without  break- 
ing or  injuring  the  same,  and  in  a  manner  which  will  occasion  the 
least  inconvenience  to  the  public,  and  to  fill  in  any  excavation,  and 
to  leave  the  same  properly  packed,  rammed  and  repaired  for  the 
repaving  required.  And  the  said  Borough  Presidents  are  hereby 
authorized  to  establish  such  rules  and  regulations  as  in  their  judg- 
ment shall  be  deemed  necessary  for  the  purpose  of  carrying  out  the 
provisions  of  this  ordinance. 

Sec.  151.  Such  sums  as  shall  be  certified  by  the  said  Borough 
Presidents  to  have  been  necessarily  expended  by  him  or  them  for 
any  repaving  done  pursuant  to  this  ordinance,  shall  be  paid  from  the 
Special  Fund  hereby  created  upon  the  requisition  of  the  said  Borough 
Presidents,  as  the  case  may  be,  after  examination,  audit  and  allow- 
ance of  accounts  by  the  Finance  Department,  in  the  same  manner 
that  payments  are  or  shall  be  required  by  law  to  be  made  from  the 
City  Treasury;  provided,  that  the  amount  so  certified  and  paid  shall 
not  exceed  the  aggregate  amount  of  such  Special  Fund. 

/Trticle  5 — Sewers  and  Drains. 

Sec.  152.  All  sewers  and  drains  in  any  of  the  streets,  avenues  or 
public  places  in  the  City  shall  be  under  the  charge  of  the  President 
of  the  Borough  in  which  the  same  are  situated,  and  said  Borough 
Presidents  in  their  respective  territories  shall  keep  the  same  in  good 
order  and  condition,  and  clean  and  free  from  obstructions,  and  shall 
cause  such  repairs  to  be  made  to  them  and  to  the  receiving  basins, 
culverts  and  openings  connected  therewith,  as  may  from  time  to  time 
become  necessary.  Such  sewer  culverts  shall  be  cleaned  at  night  and 
not  in  the  daytime. 


32         ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 

Sec.  153.  The  said  Borough  Presidents  shall  prescribe  the  mode 
of  piercing  or  opening  any  of  the  sewers  or  drains  in  their  respective 
territories,  and  the  form,  size  and  material  of  which  connections  there- 
with shall  be  composed,  and  shall  have  authority  to  grant  permission 
to  make  lateral  connections  with  said  sewers. 

Sec.  154.  The  said  Borough  Presidents  may  grant  permission  to 
persons  to  construct  at  their  own  expense  sewers  or  drains,  or  to  lay 
pipes  to  connect  with  any  sewers  or  drains  built  in  any  of  the  streets 
or  avenues  in  the  City  under  their  respective  supervision,  on  being 
furnished  with  the  written  consent  of  the  owners  of  a  majority  of 
the  property  upon  the  street  through  which  such  sewer,  drain  or  pipe 
is  to  pass;  but  such  permission  shall  not  be  granted  except  upon  the 
agreement,  in  writing,  of  the  persons  applying  therefor,  that  they 
shall  comply  with  the  ordinances  in  relation  to  excavating  the  streets., 
fhat  they  will  indemnify  the  Corporation  for  any  damages  or  costs 
to  which  they  may  be  put  by  reason  of  injuries  resulting  from  neglect 
or  carelessness  in  performing  the  work  so  permitted;  and  that  no 
claim  will  be  made  by  them  or  their  successors  in  interest  against 
the  Corporation,  if  the  work  so  permitted  be  taken  up  by  the  authority 
of  the  Board  of  Aldermen,  or  for  exemption  from  an  assessment 
lawfully  imposed  for  constructing  sewers  or  drains  in  the  vicinity 
of  their  property;  and  upon  further  condition  that  the  Board  of 
Aldermen  nvay  at  any  time  revoke  and  annul  such  permission,  and 
direct  such  sewers,  drains  or  pipes  to  be  taken  up  or  removed. 

Sec.  155.  Each  of  the  said  Borough  Presidents  shall  keep  a 
record  of  all  permits  granted  for  connection  with  sewers  or  drains, 
in  which  he  shall  enter  the  names  of  all  persons  from  whom  he  may 
receive  money  for  such  permits,  with  the  amount  received  from  each 
person  and  the  time  when  it  was  received.  He  shall  render  an  account 
thereof,  under  oath,  item  by  item,  to  the  Comptroller,  on  Thursday 
of  each  week  and  shall  thereupon  pay  over  the  amount  so  received 
to  the  Chamberlain.  He  shall  also  thereupon  receive  from  the 
Chamberlain  a  voucher  for  the  payment  thereof,  which  he  shall  forth- 
with on  the  same  day  exhibit  to  the  Comptroller,  and  shall  at  the 
same  time  leave  with  him  a  copy  thereof.  • 

Sec.  156.  Xo  connection  shall  be  made  with  any  sewer  or  drain 
without  the  written  permission  of  the  Borough  President  having 
jurisdiction  as  aforesaid;  and  any  connection  or  opening  made  into 
any  sewer  or  drain  without  such  permission,  or  in  a  manner  different 
from  the  mode  prescribed  for  such  opening  by  said  Borough  Presi- 
dent, shall  subject  the  person  making  the  same  and  the  owner  of 
the  premises  directing  it,  respectively,  to  a  penalty  of  $50. 

Sec.  157.  All  openings  into  any  sewers  or  drains,  for  the  purpose 
of  making  connections  therewith,  from  any  house,  cellar,  vault,  yard 
or  other  premises,  shall  be  made  by  persons  licensed  by  the  several 


ORDINANCES  OF  THE  CITY  OF  XKYY  YORK.  33 


Borough  President,  in  writing,  to  perform  such  work:  and  the  said 
persons,  before  being  so  licensed,  shall  execute  a  bond  to  the  City 
in  the  sum  of  $1,000,  with  one  or  more  sureties,  to  be  approved  by 
the  Borough  President  issuing  such  license,  conditioned  that  they  will 
carefully  make  the  openings  into  any  sewers  or  drains  in  the  manner 
prescribed  by  the  Borough  President  having  jurisdiction  to  permit 
such  openings  to  be  made.,  without  injuring  them,  leave  no  obstruc- 
tions of  any  description  whatever  in  them,  and  properly  close  up 
the  sewer  or  drain  around  the  connection  made  by  them  and  make 
no  opening  into  the  arch  of  any  sewer  or  drain;  that  they  will  faith- 
fully comply  with  the  ordinances  relating  to  opening  and  excavating 
streets';  be  responsible  for  any  damages  or  injuries  that  may  accrue 
to  persons,  animals  or  property,  by  reason  of  any  opening  in  any 
street,  lane  or  avenue  made  by  him  or  those  in  his  employment;  and 
that  they  will  properly  refill  and  ram  the  earth,  and  suitably  restore 
the  pavement  taken  up  for  excavating,  and  repave  the  same,  should 
it  settle  or  become  out  of  order  within  six  months  thereafter;  and  in 
case  any  person  so  licensed  shall  neglect  to  repair  the  pavement 
aforesaid  within  twenty-four  hours  after  being  notified,  the  Borough 
President  in  whose  territory  the  same  is  located  may  cause  the  same 
to  be  done  and  charge  the  expense  thereof  to  the  person  so  neglecting. 

Sec.  158.  Ten  dollars  shall  be  paid  to  the  Borough  President 
granting  the  permit  for  permission  to  connect  each  house,  store  or 
building  with  any  sewer  or  drain.  Each  hotel,  boarding-house  or 
public  building  covering  more  ground  than  25  feet  by  50  feet  shall 
pay  proportionately  for  such  additional  space  of  ground  covered  by 
each  respectively.  Manufactories,  breweries,  distilleries  and  the  like, 
for  permission  to  connect  with  sewers  or  drains,  for  the  purpose  of 
carrying  off  waters  or  fluids  that  will  not  deposit  sediment  or  obstruc- 
tion, shall  pay  such  sums  as  shall  be  fixed  and  determined  by  said 
Borough  President.  And  any  manufacturer,  brewer,  distiller,  or  the 
like,  permitting  any  substance  to  flow  into  any  sewer,  drain  or 
receiving  basin,  which  shall  form  a  deposit  that  tends  to  fill  said 
sewer,  drain  or  basin,  shall  be  subject  to  a  penalty  of  $50  for  each 
offense. 

Sec.  159.  All  connections  with  sewers  or  drains,  used  for  the 
purpose  of  carrying  off  animal  refuse  from  water  closets,  or  other- 
wise, and  slops  from  kitchens,  shall  have  fixtures  for  a  sufficiency 
of  Croton  water,  to  be  so  applied  as  to  properly  carry  off  such  matters, 
under  the  penalty  of  $5  for  each  day  the  same  are  permitted  to  remain 
without  such  fixtures  for  supplying  said  water. 

Sec.  160.  Xo  butcher's  offal  or  garbage,  dead  animals  or  obstruc- 
tions of  any  kind  whatsoever,  shall  be  placed,  thrown  or  deposited  in 
any  receiving  basin  or  sewer;  and  any  person  so  offending  or  causing 


J4         ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

such  obstruction  or  substance  to  be  placed  so  as  to  be  carried  into 
.such  basin  or  sewer  shall  be  subject  to  a  penalty  of  $10  for  each 
offense;  and  any  person  injuring,  breaking  or  removing  any  portion 
of  any  receiving  basin,  covering,  flag,  manhole,  vent,  or  any  part  of 
any  sewer  or  drain,  or  obstructing  the  mouth  of  any  sewer  or  drain, 
shall  be  subject  to  a  penalty  of  $20  for  each  offense;  nor  shall  any 
quantity  of  marble  or  other  stone,  iron.  lead,  timber  or  any  other 
substance  exceeding  one  ton  in  weight  be  placed  or  deposited  upon 
any  wharf  or  bulkhead  through  which  any  sewer  or  drain  may  run; 
nor  upon  or  over  any  sewer  or  drain  where  the  same  shall  be  within 
3  feet  of  the  surface  of  the  street,  under  penalty  of  $50  for  each 
offense,  to  be  recovered  of  the  person  or  persons  causing  or  per- 
mitting the  same. 

Sec.  161.  It  shall  be  the  duty  of  the  Policemen  to  be  vigilant  n 
the  enforcement  of  the  provisions  of  this  chapter,  and  report  any  vio- 
lations thereof  to  the  Corporation  Counsel.  The  captains  of  the  sev- 
eral police  precincts  shall,  observing  or  being  informed  of  the  opening 
of  or  excavating  in  any  street  or  avenue,  require  the  person  making  such 
opening  or  excavation  to  exhibit  to  him  the  authority,  or  permission  for 
such  opening ;  and  if  none  have  been  given  by  the  proper  officer,  or  if  the 
exhibition  thereof  be  refused,  said  Captain  of  Police  shall,  without  delay, 
make  complaint  to  the  Corporation  Counsel  and  report  the  same  to  the 
President  'of  the  Borough  in  which  the  violation  occurs. 

Sec.  162.  It  shall  be  the  duty  of  every  person  having  charge  of  the 
sweeping  of  the  streets  in  the  several  wards  to  see  that  the  gutters 
are  properly  scraped  out  before  the  water  is  suffered  to  flow  from  any 
hydrant  for  the  purpose  of  washing  the  same,  in  order  that  no  sub- 
stance or  obstruction  be  carried  into  any  of  the  receiving  basins;  every 
person  violating  this  section  to  be  subject  to  a  penalty  of  $5  for  each 
offense. 

Sec.  163.  Whenever  any  sewer,  culvert,  water  mains  or  pipes  are 
to  be  constructed,  altered  or  repaired  in  any  street  in  The  City  of  New 
York  in  which  the  gas  pipes  oi  gaslight  companies  are  laid,  or  when- 
ever any  such  street  shall  be  regulated  or  graded,  it  shall  be  the  duty 
of  the  contractor  or  contractors  thereof  to  give  such  notice,  in  writ- 
ing, of  the  same  to  the  said  companies,  or  to  the  one  whose  pipes  are 
laid  in  the  street  about  being  disturbed  by  the  construction,  altera- 
tion or  repairing,  of  such  sewer,  culvert,  water  mains  or  pipes,  or  by 
the  regulating  or  grading  thereof,  at  least  twenty-four  hours  before 
breaking  ground  therefor. 

Sec.  164.  It  shall  be  the  duty  of  the  said  gas  companies,  or  the 
one  whose  pipes  are  about  to  be  disturbed  by  the  construction,  alter- 
ation or  repairing  of  any  sewer,  culvert,  water  main  or  pipe,  or  the 
regulating  or  grading  of  any  street,  on  the  receipt  of  the  notice  pro- 
vided for  in  the  preceding  section,  to  remove  or   otherwise  protect 


ORDINANCES  OK  THE  CITY  OF  NEW  YORK.  35 


and  replace  the  main  and  service  pipes,  lamp-posts  and  lamps,  where 
necessary,  under  the  direction  of  the  Borough  President.  The  com- 
pany notified  in  accordance  with  the  preceding  section  shall  comply 
with  such  notice  by  causing  pipes,  lamp-posts  and  lamps  to  be  pro- 
tected and  replaced,  where  necessary,  during  the  progress  of  the  work. 

Sec.  165.  The  preceding  provisions  shall  be  made  part  of  every 
contract  hereafter  made  for  constructing,  altering  or  repairing  any 
sewer  or  culvert,  water  mains  or  pipes  in  any  street  of  this  City  in 
which  the  pipes  of  gaslight  companies  shall  be  laid  at  the  time  of 
making  such  contract,  or  for  the  regulating  or  grading  of  any  such 
street. 

Sec.  166.  Tt  shall  be  the  duty  of  the  person  or  persons  by  whom 
or  for  whose  benefit  any  excavation  is  to  be  made  for  constructing, 
altering  or  repairing  a  vault,  waste  pipe  or  drain  in  any  street  in  this 
City,  to  give  notice,  in  writing,  thereof  to  the  company  whose  pipes 
are  laid  in  the  street  about  to  be  disturbed  by  the  construction,  alter- 
ation or  repairing  of  such  vault,  waste  pipe  or  drain,  at  least  twenty- 
four  hours  before  commencing  the  same;  and  such  person  or  persons 
shall,  at  his  or  their  expense,  sustain,  secure  and  protect  said  pipes 
from  injury,  and  replace  and  pack  the  earth  wherever  the  same  shall 
have  been  removed,  loosened  or  disturbed,  under  or  around  them,  so 
that  such  pipes  shall  be  we'll  and  substantially  supported;  and  if  such 
person  or  persons  shall  fail  to  sustain,  secure  or  protect  said  pipes 
from  injur}-,  or  to  replace  and  pack  the  earth  under  or  around  them, 
as  by  the  provisions  of  this  section  required,  then  the  same  may  be 
done  by  the  company  to  whom  the  same  may  belong,  and  the  cost 
thereof,  and  all  damages  sustained  by  either  of  said  companies  there- 
by, shall  be  paid  by  said  person  or  persons  to  said  company:  and  the 
said  company  may  in  default  thereof,  maintain  an  action  against  him 
or  them  therefor. 

Sec.  167.  The  provisions  of  the  last  preceding  section  shall  be 
made  part  and  a  condition  of  every  permit  that  shall  hereafter  be 
granted  to  any  person  or  persons  for  making  any  excavation  for  the 
construction,  alteration  or  repairing  any  vault,  waste  pipe  or  drain  in 
any  streets  in  which  the  pipes  of  either  of  the  said  companies  shall  be 
laid  at  the  time  of  granting  said  permits  provided  said  company  or 
either  of  them  provide  such  permits  or  pay  a  just  proportion  therefor. 

Sec.  168.  No  connection  with  or  opening  into  any  sewer  or  drain 
>hall  be  used  for  the  conveyance  or  discharge  into  said  sewer  or  drain 
of  steam  or  hot  water  above  one  hundred  degrees  Fahrenheit  from 
any  boiler  or  engine,  or  from  any  manufactory  or  building  in  which 
steam  is  either  used  or  generated,  or  to  discharge  or  permit  to  escape 
into  any  sewer  or  drain,  or  into  any  public  street,  steam  from  any 
stop  cock,  valve  or  other  opening  in  any  steam  pipe  or  main,  under 
the  penalty  of  $50  for  each  and  every  day  during  any  part  of  which 


36         ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


such  connection  or  opening  may  have  been  used  for  that  purpose;  and 
the  Borough  President  having  jurisdiction  of  said  street  or  sewer  is 
hereby  authorized  and  directed,  upon  the  expiration  of  five  days  after 
notice  to  discontinue  the  discharge  of  steam  or  hot  water  from  any 
connection  to  cancel  the  permit,  and  to  close  up  and  remove  the  same 
if  such  discharge  of  steam  or  hot  water  from  such  connection  shall  not 
have  been  discontinued.  This  penalty  shall  be  imposed  and  recovered 
from  the  owner  and  occupants  severally  and  respectively  of  such  man- 
ufactory or  building,  or  from  any  corporation  having  mains  for  the 
conveyance  of  steam  or  hot  water  in  the  streets,  avenues  or  public 
places. 

Article  6 — Vaults,  Cisterns  and  Areas. 

Sec.  169.  The  Presidents  of  the  respective  Boroughs,  on  application 
for  that  purpose,  are  empowered  to  give  permission  to  construct  any 
vaults  or  cisterns  in  the  streets  within  their  respective  territories,  pro- 
vided, in  the  opinion  of  the  Borough  President  granting  such  permit, 
no  injury  will  come  to  the  public  thereby. 

Sec.  170.  Xo  person  shall  cause  or  procure  any  vault  or  cistern 
to  be  constructed  or  made  in  any  of  the  streets  of  The  City  of  New 
York,  without  the  written  permission  of  the  Borough  President  hav- 
ing jurisdiction  thereof,  under  the  penalty  of  $100,  to  be  sued  for  and 
recovered  from  such  person  and  the  master  builder  or  person  who 
made  the  same,  severally  and  respectively. 

Sec.  171.  Every  application  for  permission  to  erect  such  vault  or 
cistern  shall  be  in  writing,  signed  by  the  person  making  the  same,  and 
shall  state  the  number  of  square  feet  of  ground  which  is  required  for 
the  same,  and  intended  length  and  width  of  the  same. 

Sec.  172.  After  obtaining  permission  to  construct  or  make  such 
vault  or  cistern,  and  previous  to  the  commencement  thereof,  the  per- 
son so  applying  shall  forthwith  pay  to  the  Borough  President  grant- 
ing the  permit  therefor  such  sum  as  he  shall  certify  in  the  said  permis- 
sion to  be  a  just  compensation  to  the  City  for  such  privilege,  calcu- 
lated at  the  rate  of  not  less  than  30  cents,  nor  more  than  $2  per  foot, 
for  each  square  foot  of  ground  mentioned  as  required  for  such  vault 
or  cistern,  under  the  penalty  of  $100. 

Sec.  173.    No  person  shall  erect  or  build,  or  cause  or  permit  any 
vault  or  cistern  to  be  made  which  shall  extend  further  than  the  line  of 
the  sidewalk  or  curbstone  of  any  street,  under  the  penalty  of  $100. 
horse  to  water  severally  and  respectively. 

Sec.  174.  It  shall  be  the  duty  of  every  person  for  whom  any  vault 
or  cistern  may  be  in  process  of  construction  to  procure  the  same  to 
be  measured  by  one  of  the  City  Surveyors,  and  to  deliver  to  the  Bor- 
ough President  granting  the  permit  therefor  a  certificate  of  the  said 
measurement,  signed  by  such  Surveyor,  before  the  arching  of  such 
vault  or  cistern  be  commenced,  under  the  penalty  of  $100. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


37 


Sec.  175.  If  it  shall  appear  by  such  certificate  or  otherwise  that 
such  vault  or  cistern  occupies  a  greater  number  of  square  feet  than 
shall  have  been  paid  for  as  aforesaid,  the  owner  of  such  vault  or  cis- 
tern, and  the  master  builder  by  whom  or  under  whose  direction  such 
vault  or  cistern  shall  be  constructed,  shall  in  addition  to  the  penalty 
imposed  by  this  article."  severally  and  respectively  forfeit  and  pay  twice 
the  sum  previously  paid  for  each  square  foot  of  ground  occupied  by 
such  vault  or  cistern  over  and  above  the  number  of  square  feet  paid 
as  aforesaid. 

Sec.  176.  All  vaults  or  cisterns  shall  be  constructed  of  brick  or 
stone,  and  the  outward  side  of  the  grating  or  opening  into  the  street 
shall  be  either  within  12  inches  of  the  outside  of  the  curbstone  of  the 
sidewalk  or  within  12  inches  of  the  coping  of  the  area  in  front  of  the 
"house  to  which  such  vault  shall  belong,  under  the  penalty  of  $100,  to 
be  paid  by  the  owner  or  person  making  or  causing  the  same  to  be 
made. 

Sec.  177.  All  grates  of  vaults  shall  be  made  of  iron,  the  bars 
whereof  shall  be  three-fourths  of  an  inch  wide  and  one-half  of  an  inch 
thick,  and  not  more  than  three-quarters  of  an  inch  apart,  under  the 
penalty  of  $25,  to  be  paid  by  the  owner  of  the  vault  or  occupant  of 
the  house  to  which  the  same  shall  belong,  severally  and  respectively. 

Sec.  178.  Every  owner  or  occupant  of  any  house  or  lot  of  ground 
within  the  paved  streets  of  The  City  of  New  York,  before  which  any 
vault,  pit,  hole,  cistern  or  well,  shall,  during  the  whole  of  every  night 
while  such  vault,  pit.  hole,  cistern  or  well  shall  be  opened  or  uncov- 
ered, cause  a  lighted  lamp  or  lantern  to  be  placed  and  kept  at  some 
convenient  spot,  so  as  to  cast  its  light  upon  such  vault,  pit,  hole,  cis- 
tern or  well,  under  penalty  of  $10. 

Sec.  179.  All  vaults  and  cisterns  shall  be  completed  and  the 
ground  closed  over  them  within  three  weeks  after  they  are  commenced, 
under  the  penalty  of  $5  for  every  day  thereafter  during  which  the 
same  shall  remain  uninclosed,  to  be  recovered  from  the  owner  or 
builder  of  the  same,  severally  and  respectively. 

Sec.  180.  No  area  in  the  front  of  any  building  in  The  City  of  New 
York  shall  extend  more  than  one-fifteenth  part  of  the  width  of  any 
street,  nor  in  any  case  more  than  5  feet,  measuring  from  the  inner  wall 
of  such  area  to  the  building,  nor  shall  the  railing  of  such  area  be  placed 
more  than  6  inches  from  the  inside  of  the  coping  on  the  wall  of  such 
area,  under  penalty  of  $100.  to  be  recovered  from  the  owner  and  builder 
thereof,  severally  and  respectively. 

Sec.  181.  No  areas,  steps,  courtyards  or  other  projections,  except 
show  windows,  not  exceeding  18  inches  in  width,  and  signs  not  pro- 
jecting over  12  inches  from  the  house  line,  shall  hereafter  be  built, 
■erected  or  made  upon  Broadway,  to  the  south  of  Fifty-ninth  street. 


38 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


in  the  Borough  of  Manhattan,  and  that  all  buildings  hereafter  erected 
shall  conform  to  and  be  upon  the  street  line  of  such  street. 

Sec.  182.  Any  person  or  persons  who  shall  hereafter  make,  build 
or  erect  any  area,  steps,  stoop,  courtyard  or  other  projection,  in  con- 
travention of  this  ordinance,  shall  be  guilty  of  a  misdemeanor,  and 
shall  in  addition  thereto,  be  liable  for  a  -penalty  of  $10  for  such  of- 
fense and  for  $10  for  each  and  every  day  that  such  offense  shall 
continue. 

Sec.  183.  That  no  areas,  steps,  courtyards  or  other  projections, 
except  show  windows  not  exceeding  18  inches  in  width,  and  signs  not 
projecting  more  than  12  inches  from  the  house  line,  shall  hereafter  be 
built,  erected  or  made  upon  Fourteenth  street,  between  Broadway  and 
Sixth  avenue,  in  the  Borough  of  Manhattan. 

Sec.  184.  That  any  person  or  persons  who  shall  make,  build  or 
erect  any  area,  steps,  stoop,  courtyard  or  other  projection,  in  contra- 
vention of  this  ordinance,  shall  be  guilty  of  a  misdemeanor,  and  shall, 
in  addition  thereto,  be  liable  for  a  penalty  of  $10  for  such  offense,  and 
for  $10  for  each  and  every  day  that  such  offense  shall  continue. 

Sec.  185.  Every  area  shall  be  inclosed  with  a  railing,  the  gate  of 
which  shall  be  so  constructed  as  to  open  inwardly,  under  the  penalty 
of  $100  for  each  offense,  to  be  recovered  from  the  owner  or  builder 
thereof,  severally  and  respectively. 

Sec.  186.  Every  description  of  opening  below  the  surface  of  the 
street  in  front  of  any  shop,  store,  house  or  other  building,  if  covered 
over,  shall  be  considered  and  held  to  be  a  vault  or  cistern  within  the 
meaning  of  this  article;  and  the  master  builder  or  owner,  or  person 
for  whom  the  same  shall  be  made  or  built,  shall  be  liable  to  the  pro- 
visions, payments  and  penalties  of  this  article  severally  and  re- 
spectively. 

Sec.  187.  The  last  preceding  section  of  this  chapter  shall  not  be 
construed  to  refer  to  those  openings  which  are  used  exclusively  as 
places  for  descending  to  the  cellar  floor  of  any  building  or  buildings 
by  means  of  steps. 

Sec.  188.  No  person  shall  remove,  or  cause  or  procure,  or  suffer 
or  permit  to  be  removed  or  insecurely  fixed,  so  that  the  same  can  be 
removed  in  its  bed,  any  grate  or  covering  to  the  opening  or  aperture 
of  any  vault  in  The  City  of  New  York,  under  the  penalty  of  $10. 

Sec.  189.  The  last  preceding  secton  of  this  article  shall  not  be 
construed  to  prevent  the  removal  of  such  grate  or  covering,  provided 
the  aperture  to  such  vault  during  the  removal  of  such  grate  or  cover- 
ing, shall  be  inclosed  with  a  strong  box  or  curb  at  least  12  inches  high. 

Sec.  190.  No  person  shall  suffer  or  permit  any  grate  or  covering 
to  any  vault  to  be  removed  therefrom,  or  insecurely  fixed  thereon,  so 
that  the  same  can  be  moved  in  its  bed.  within  one  hour  before  sunset 
on  any  day,  under  the  penalty  of  $20  to  be  sued  for  and  recovered 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


30 


from  the  owner  and  occupant  of  the  house  to  which  such  vault  shall 
belong,  severally  and  respectively. 

Sec.  191.  The  Commissioner  of  Police  is  hereby  directed  to  re- 
port to  the  President  of  the  Borough  in  which  the  same  is  situated  the 
owners  or  occupants  of  any  store,  dwelling  or  other  buildings  having 
vaults  under  the  sidewalks  in  front  thereof  with  covering  over  the 
opening  thereto  presenting  a  smooth  surface,  and  the  said  Borough 
President  is  hereby  directed,  immediately  after  receiving  such  report 
to  notify  such  owners  or  occupants  to  remove  such  coverings,  and 
substitute  therefor  coverings  presenting  a  rough  surface,  and  affording 
a  secure  footing  for  pedestrians.  Should  any  owner  or  occupant  neg- 
lect or  refuse  to  comply  with  the  directions  contained  in  such  notifi- 
cation for  a  period  of  six  months,  he  shall  suffer  a  penalty  of  $5  for 
every  twenty-four  hours  in  excess  of  said  six  months  that  such  neg- 
lect or  refusal  shall  continue;  and  it  is  hereby  made  the  duty  of  the 
said  Borough  President  to  cause  to  be  reported  every  violation  of  the 
provision  of  this  ordinance  to  the  Corporation  Counsel  for  prose- 
cution. 

Sec.  192.""  In  all  cases  where  the  owners  of  property  shall,  in  the 
erection  of  dwellings,  set  the  same  back  from  the  line  of  the  streets 
or  avenues  a  distance  of  3  feet  and  upward,  for  the  purpose  of  orna- 
mental court  yards,  they  shall  be  permitted  to  inclose  for  such  pur- 
pose, with  a  neat  railing,  in  addition  to  the  space  receded  from,  so 
much  of  the  sidewalk  in  front  as  is  allowed  by  ordinance  for  stoops, 
the  gates  of  such  inclosure  to  be  so  constructed  as  to  open  inwardly, 
under  the  penalty  of  $100  for  each  offense. 

Sec.  193.  No  person  or  persons  shall  construct  or  continue  any 
cellar  door  which  shall  extend  more  than  one-twelfth  part  of  any 
street,  or  more  than  5  feet  into  any  street,  under  the  penalty  of  $100 
for  each  offense. 

Sec.  194.  Every  entrance  or  flight  of  steps  projecting  beyond  the 
line  of  the  street  and  descending  into  any  cellar  or  basement  story  of 
any  house  or  other  building  where  such  entrance  or  flight  of  steps  shall 
not  be  covered,  shall  be  inclosed  with  a  railing  on  each  side,  perma- 
nently put  up,  from  3  to  3  1-2  feet  high,  with  a  gate  to  open  inwardly, 
or  with  two  iron  chains  across  the  front  of  the  entrance-way,  one  near 
the  top  and  one  in  the  centre  of  the  railing,  to  be  closed  during  the 
night,  unless  there  be  a  burning  light  over  the  steps,  to  prevent  acci- 
dents, under  the  penalty  of  $20  for  every  offense,  to  be  recovered  from 
the  owner,  assigns  or  lessee  thereof,  severally  and  respectively. 

Article  7 — Public  Wells,  Pumps,  Cisterns  and  Hydrants. 

Sec.  195.  All  applications  for  wells  and  pumps  in  any  part  of  The 
City  of  New  York  shall  be  made  to  the  Borough  Presidents. 


4o         ORDINANCES  OK  THE  CITY  OF  NEW  YORK. 


Sec.  196.  All  public  wells  hereafter  built  by  order  of  the  Borough 
Presidents  shall  be  examined  and  inspected  by  the  Commissioner  of 
Water  Supply,  Gas  and  Electricity,  and  shall  be  paid  for  by  the  same 
.Borough  Presidents  in  the  usual  manner,  on  receiving  from  the  said 
Commissioner  a  certificate  of  his  approval  of  the  work  and  that  the 
same  is  built  in  conformity  to  law;  the  said  work  to  be  done  in  ac- 
cordance with  the  provisions  of  law  and  ordinances  as  to  all  work 
done  for  the  Corporation. 

Sec.  197.  Xo  public  well  shall  hereafter  be  built  in  any  of  the 
avenues  of  this  City. 

Sec.  198.  No  person  shall  build  any  well  in  any  of  the  avenues 
of  this  City,  under  a  penalty  of  $50,  and  the  President  of  the  Borough 
in  which  the  same  is  located  shall  cause  the  same  in  all  cases  to  be 
filled  up. 

Sec.  199.  No  person  or  persons  shall  take  the  water  from  any 
public  well,  pump  or  cistern  in  The  City  of  New  York  for  the  purpose 
of  selling  or  offering  the  same  for  sale,  under  the  penalty  of  $25  for 
each  offense. 

Sec.  200.  No  person  shall  take  or  use  the  water  from  any  public 
cistern  or  hydrant,  except  in  case  of  fire  and  for  the  purpose  of  extin- 
guishing the  same,  under  the  penalty  of  $25  for  each  offense. 

Sec.  201.  No  person  shall  wilfully  do,  or  cause  or  suffer  to  be 
done,  any  damage  to  any  of  the  public  pumps  in  The  City  of  New 
York,  under  the  penalty  of  $25  for  each  offense. 

Sec.  202.  Every  person  who  shall  place  or  assist  in  placing,  or 
cause  or  procure  to  be  placed,  any  hogshead,  barrel,  tub  or  other  ves- 
sel of  greater  capacity  than  10  gallons,  in  any  street  of  The  City  of 
New  York,  within  25  feet  of  any  public  well  or  pump,  for  the  purpose 
of  filling  the  same  with  water  from  any  such  well  or  pump  or  who 
shall  put.  or  cause  to  be  put,  into  any  such  vessel  any  water  from  such 
well  or  pump,  shall  forfeit  and  pay  the  sum  of  $10  for  each  offense. 

Sec.  203.  The  last  preceding  section  shall  not  be  construed  to 
prevent  the  immediate  filling  of  any  vessel  therein  mentioned,  provided 
the  same  be  forthwith  removed. 

Sec.  204.  If  any  person,  except  one  of  the  engineers  or  foremen 
of  the  fire  companies,  shall  unscrew  any  of  the  hydrants  belonging  or 
attached  to  the  Corporation  water  works  created  for  the  extinguish- 
ment of  fires,  or  interfere  with  the  same,  or  any  part  of  the  works  be- 
longing to  the  said  establishment,  whereby  the  said  establishment,  or 
any  or  either  of  the  pipes,  hydrants,  stop  cocks,  or  any  part  of  the 
works  may  be  injured,  or  the  water  taken  therefrom  or  wasted,  they 
shall  be  liable  to  a  penalty  of  $50  for  each  and  every  such  offense. 

Sec.  205.  No  person  shall  wash,  or  cause  or  procure  or  permit 
to  be  washed,  any  horse  or  carriage  within  25  feet  of  any  pump  in  any 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


street  in  The  City  of  New  York,  under  the  penalty  of  $10  for  every 
offense. 

Sec.  206.  No  person  shall  water,  or  suffer  or  permit  any  horse  to 
drink  or  to  be  watered  at  or  within  10  feet  of  any  pump  or  well  in  any 
street  of  The  City  of  New  York,  under  the  penalty  of  $5  for  each  of- 
fense, to  be  paid  by  the  owner  or  person  watering  or  permitting  such 
horse  to  water  severally  and  resepectively. 

Sec.  207.  All  persons  are  forbidden  to  open  any  street  pavement 
and  bore  any  water  pipe  for  the  purpose  of  conducting  the  water  into 
any  dwelling  or  other  edifice,  or  any  other  use,  under  the  penalty  of 
$5  for  each  offense,  unless '  with  written  permission  of  the  Commis- 
sioner of  Water  Supply,  Gas  and  Electricity. 

Article  8— Public  Baths. 

Sec.  208.  The  President  of  the  Borough  in  which  the  same  arcr 
situated  is  authorized  to  perfect  and  promulgate  all  suitable  rules  and 
regulations  governing  the  use  of  the  free  floating  baths  of  the  City, 
and  breaches  of  said  rules  and  regulations  shall  be  punishable  by  a  fine 
not  exceeding  $5  for  one  offense  or  by  imprisonment  not  exceeding 
one  day. 

Article  9 — The  Erection  of  Barriers  to  Prevent  Accidents. 

Sec.  209.  It  shall  be  the  duty  of  every  person  or  persons  engaged 
in  digging  down  any  road  or  street,  in  paving  any  street,  building  any 
sewer  or  drain,  trench  for  water-pipes,  or  digging  and  building  a  well 
in  any  of  the  public  roads,  streets  or  avenues,  under  contract  with  the 
Corporation  of  this  City,  made  through  either  or  any  of  the  Depart- 
ments of  the  said  Corporation,  or  by  virtue  of  any  permission  which 
may  have  been  granted  to  them  by  the  Mayor  and  Board  of  Aldermen, 
or  either  of  the  said  Departments  or  either  of  them,  where  such 
work,  if  left  exposed,  would  be  dangerous  to  passengers,  to  erect  a 
fence  or  railing  at  such  excavations  or  work  in  such  a  manner  as  to 
prevent  danger  to  passengers  who  may  be  traveling  such  streets., 
roads  or  avenues  and  to  continue  and  uphold  the  said  railing  or  fence 
until  the  work  shall  be  completed  or  the  obstruction  or  danger  re- 
moved. And  it  shall  also  be  the  duty  of  such  persons  to  place  upon 
such  railing  or  fence  at  twilight  in  the  evening  suitable  and  sufficient 
lights,  and  keep  them  burning  through  the  night  during  the  perform- 
ance of  said  work,  under  the  penalty  of  $100  for  every  neglect. 

Sec.  210.  The  provisions  of  the  preceding  section  shall  apply  to 
every  person  engaged  in  building  any  vault  or  constructing  any  lateral 
drain  from  any  cellar  to  any  public  sewer,  or  who  shall  perform  any 
work  causing  obstructions  in  the  public  streets  by  virtue  of  any  per- 
mit from  any  Executive  Department,  and  also  to  all  public  or  Corpo- 


4-> 


ORDINANCES  OF  THE  CITY  OK  NEW  YORK. 


ration  officers  engaged  in  performing  any  work  in  behalf  of  the  Cor- 
poration whereby  obstructions  or  excavations  shall  be  made  in  the 
public  streets. 

Sec.  211.    The  extent  to  which  such  railing  or  fence  shall  be  built 

in  the  several  cases  is  hereby  defined  as  follows,  to  wit: 

1.  In  digging  down  any  street  or  road  by  placing  the  same  along 
the  upper  bank  of  such  excavation,  or  by  extending  the  fence  so  far 
across  the  street  or  road  as  to  prevent  persons  from  traveling  such 
portion  as  would  be  dangerous. 

2.  In  paving  any  street  or  avenue  by  extending  it  across  the 
carriage-way  of  such  street  or  avenue,  or  if  but  a  portion  of  the  width 
of  such  carriage-way  be  obstructed  across  such  portion,  in  which  case 
the  obstruction  shall  be  so  arranged  as  to  leave  a  passageway  through, 
as  nearly  as  may  be,  of  uniform  width. 

3.  In  building  a  sewer  by  placing  it  across  t he  carriage-way  at 
the  ends  of  such  excavation  as  shall  be  made. 

4.  In  building  a  well  by  inclosing  the  same  and  the  obstructions 
connected  therewith  on  one  or  more  sides. 

5.  In  building  vaults  by  inclosing  the  ground  taken  from  the 
vaults. 

6.  In  placing  building  materials  in  the  streets,  the  said  material 
shall  be  so  placed  as  to  occupy  not  more  than  one-third  of  the  width 
of  the  carriage-way  of  the  street  or  avenue.  In  streets  or  avenues 
where  railroads  occur,  said  materials  shall  not  be  placed  nearer  to  the 
track  than  two  feet.  In  all  cases  sufficient  lights  shall  be  placed  upon 
such  building  materials,  and  kept  burning  through  the  night,  as  pro- 
vided in  the  preceding  sections.  It  shall  be  lawful  for  persons  who 
desire  to  erect  large  buildings  to  erect  and  maintain  a  bridge,  not  to 
exceed  7  feet  in  height  above  the  sidewalk,  and  6  feet  in  width,  extend- 
ing the  whole  length  of  the  proposed  building;  the  steps  leading  to 
the  same  to  rest  upon  the  sidewalk  of  the  adjoining  premises. 

Sec.  212.  In  all  cases  where  any  person  or  persons  shall  perform 
any  of  the  work  mentioned  in  the  preceding  sections,  either  under 
contracts  with  the  Corporation  or  by  virtue  of  permission  obtained 
from  the  Mayor  and  the  Board  of  Aldermen,  or  either  of  the  Depart- 
ments, such  persons  shall  be  answerable  for  any  and  every  damage 
which  may  be  occasioned  to  persons,  animals  or  property  by  reason  of 
carelessness  in  any  manner  connected  with  the  said  work. 

Sec.  213.  It  shall  be  the  duty  of  the  Borough  President  having 
charge  of  the  particular  class  of  improvements  to  see  that  the  require- 
ments contained  in  this  article  in  regard  to  the  erection  of  fencing  and 
placing  lights,  in  all  cases  be  complied  with  severally,  under  the  pen- 
alty of  $50  for  each  and  every  neglect. 

Sec.  214.  It  shall  be  the  duty  of  the  said  Borough  President,  when 
any  of  the  work  referred  to  in  any  of  the  preceding  sections  shall  be 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


performed,  whether  for  digging  down  streets  or  roads,  paving  streets, 
building  sewers  and  building  wells,  or  digging  trenches  for  water  pipes, 
by  persons  under  contract  with  the  Corporation,  or  for  building 
vaults  or  placing  building  materials  in  streets,  or  constructing  drains, 
or  any  other  work  for  forming  an  obstruction  to  the  said  street,  by 
virtue  of  permission  duly  obtained,  to  see  that  the  requirements  of  this 
chapter,  in  regard  to  erecting  the  necessary  fences  and  placing  the 
necessary  lights,  be  complied  with,  and  to  make  necessary  complaint 
to  the  Corporation  Counsel  for  any  omission  on  the  part  of  the  per- 
son referred  to,  under  the  penalty  of  $50  for  every  neglect. 

Sec.  215.  In  all  contracts  for  paving  streets,  constructing  sewers, 
and  building  wells  and  pumps,  or  for  doing  any  other  work  whereby 
accidents  or  injuries  may  happen  in  consequence  of  any  neglect  or 
carelessness  during  the  performance  thereof,  it  shall  be  the  duty  of 
the  Departments  by  whom  such  contracts  arc  made  to  insert  a  cove- 
nant requiring  the  contractor  or  contractors  to  place  proper  guards  for 
the  prevention  of  accidents,  and  to  put  up  and  keep  suitable  and  suffi- 
cient lights  burning  at  night  during  the  performance  of  the  work,  and 
that  they  will  keep  the  Corporation  harmless  and  indemnified  against 
all  loss  and  damage  which  may  be  occasioned  by  reason  of  any  un- 
skillfulness  or  carelessness  in  any  manner  connected  with  the  exe- 
cution and  completion  of  the  work. 

Sec.  216.  In  all  contracts  for  digging  down  any  road  or  street., 
where  such  digging,  if  left  exposed,  would  be  dangerous  to  passengers, 
the  heads  of  the  proper  Department  shall  insert  a  covenant  whereby 
the  contractors  shall  be  bound,  at  their  own  expense,  to  erect  a  fence 
or  railing  across  the  street,  in  such  a  manner  as  to  prevent  danger  to 
passengers,  and  so  to  continue  and  uphold  the  said  fence  or  railing 
until  the  street  is  completed. 

Sec.  217.  A  like  fence  or  railing  shall  be  put  up  and  upheld  in  all 
cases  in  which  a  road  or  street  is  dug  out  at  the  cost  of  the  Corpora- 
tion. 

Sec.  218.  In  all  contracts  for  the  work  for  the  Corporation  upon 
any  public  building,  or  in  any  public  street,  in  the  performance  of 
which  accidents  or  injuries  may  happen  to  the  person  or  property  of 
another,  a  provision  shall  be  inserted  that  the  contractor  shall  place 
proper  guards  for  the  prevention  of  accidents,  and  shall  put  up  and 
keep  at  night  suitable  and  sufficient  lights  during  the  performance  of 
the  work;  and  that  he  will  indemnify  the  Corporation  for  damages 
or  costs  to  which  they  may  be  put  by  reason  of  injury  to  person  or 
property  of  another  resulting  from  negligence  or  carelessness  in  the 
performance  of  the  work. 

Article  10 — The  Bureau  of  Incumbrances. 
1.    Incumbering  the  Streets. 

Sec.  219.    No  person  shall  incumber  or  obstruct  any  street,  road- 


44 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


way  or  sidewalk  which  has  been  opened,  regulated  or  graded,  accord- 
ing to  law,  in  The  City  of  New  York,  with  any  article  or  thing  what- 
soever, except  as  provided  in  section  262  of  these  ordinances,  without 
first  having  obtained  written  permission  from  the  President  of  the 
Borough  in  which  such  street,  roadway  or  sidewalk  is  situated,  under 
the  penalty  of  $5  for  each  offense,  and  a  further  penalty  of  $5  for  each 
day  or  part  of  a  day  such  obstruction  or  encumbrance  shall  continue. 

Sec.  220.  No  post  shall  be  erected  or  put  up  in  any  of  the  streets, 
roads,  lanes,  or  highways  in  The  City  of  New  York,  unless  under  the 
direction  of  the  President  of  the  Borough  in  which  such  post  is  to  be 
erected,  under  the  penalty  of  $5  for  every  such  post. 

Sec.  221.  The  President  of  any  Borough,  whenever  directed  by 
the  Board  of  Aldermen,  shall  order  any  step-stones  used  for  entering 
carriages,  any  railing  or  fence,  any  sign,  sign-post,  or  other  post,  any 
area,  bay  window  or  other  window,  porch,  cellar  door,  platform,  stoop 
or  step,  or  any  other  thing  which  may  incumber  or  obstruct  any  street, 
to  be  altered  or  removed  therefrom,  within  such  time  as  may  be  lim- 
ited by  the  Board  of  Aldermen. 

Sec.  222.  The  order  of  direction  mentioned  in  the  last  preceding 
section  shall  be  in  writing,  and  shall  be  served  personally  or  by  leav- 
ing it  at  the  house  or  place  of  business  of  the  owner,  occupant  or  per- 
son having  charge  of  the  house  or  lot  in  front  of  which  step-stone  or 
other  incumbrance  or  obstruction  may  be,  or  by  posting  the  said 
notice  or  order  upon  such  step-stone  or  other  incumbrance  or  ob- 
struction. 

Sec.  223.  If  any  owner,  occupant  or  person  having  charge  of  any 
such  house  or  lot  in  The  City  of  New  York  shall  refuse  or  neglect  to 
obey  or  comply  with  such  notice  or  order,  he.  she  or  they  shall  for- 
feit and  pay  the  sum  of  $10,  and  the  further  sum  of  $5  for  each  and 
every  day,  from  and  after  the  time  limited  and  appointed  in  said  order, 
until  the  same  shall  have  been  complied  with. 

2.     Bay  and  Show  Windows. 

Sec.  224.  The  Borough  Presidents  and  the  Park  Commissioners 
having  jurisdiction,  shall  issue  permits  for  the  erection  of  bay  windows 
projecting  beyond  the  building  line,  provided  in  the  opinion  of  the 
officer  having  jurisdiction  no  injury  will  come  to  the  public  thereby. 
Permits  for  the  erection  of  bay  "windows  lying  within  any  park,  square 
or  public  place,  or  within  a  distance  of  350  feet  from  the  outer  bound- 
aries thereof,  shall  be  issued  by  the  Park  Commissioner  having  juris- 
diction, as  provided  in  section  612  of  the  Charter,  as  amended  by 
section  I.  chapter  723  of  the  Laws  of  1901.  Permits  for  the  erection 
of  all  other  bay  windows  shall  be  issued  by  the  Borough  President 
having  jurisdiction. 

For  the  purposes  of  this  ordinance  a  "bay  window''  shall  be  taken 
to  mean  and  include  all  projections  on  the  face  of  a  building  in  the 


ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK.  45 


nature  of  windows,  such  as  are  commonly  called  bay  windows,  show 
windows,  oriel  windows  and  bow  windows,  without  regard  to  the 
material  of  which  they  are  constructed  or  to  the  purposes  for  which 
they  are  to  be  used. 

Sec.  225.  Before  the  erection  of  any  bay  window  projecting  be- 
yond the  building  line  shall  have  been  commenced,  the  owner  or  his 
duly  authorized  agent  shall  make  application  in  writing  to  the  officer 
having  jurisdiction,  on  suitable  blanks  furnished  by  him,  and  shall 
state  the  length  and  width  of  the  proposed  bay  window,  the  number 
of  stories  through  which  it  is  intended  to  be  carried,  and  the  number 
of  square  feet  of  area  covered  by  that  portion  of  the  bay  window 
projecting  beyond  the  building  line.  Drawings  showing  the  size  of 
and  area  covered  by  the  bay  window,  the  number  of  stories  through 
which  it  is  proposed  to  be  carried  and  its  location  in  reference  to 
the  lot  and  building  lines  shall  be  submitted  with  each  application, 
and  for  the  purpose  of  computing  the  area  covered  by  a  bay  window 
projecting  beyond  the  building  line  the  outside  face  of  the  bay.  exclu- 
sive of  cornices,  pilasters,  trims,  etc.,  shall  be  the  line  taken  as  a 
basis  of  computation. 

Each  application  for  the  erection  of  a  bay  window  projecting 
mdre  than  one  foot  beyond  the  building  line  shall  have  indorsed 
thereon  the  consent  of  all  the  adjoining  property  owners  within  .« 
distance  of  50  feet  from  the  centre  of  the  bay  window,  on  the  same 
side  of  the  street,  meaning  thereby  so  much  of  the  side  of  a  street  as 
is  unintersected  by  any  other  street  on  which  it  is  proposed  to  erect. 

Each  application  shall  be  accompanied  by  the  amount  of  the  com- 
pensation due  the  City  for  the  privilege  of  erecting  said  bay  window, 
as  hereinafter  provided. 

Sec.  226.  Each  application  for  the  erection  of  a  bay  window 
projecting  more  than  one  foot  beyond  the  building  line  shall  be  accom- 
panied by  a  certified  copy  of  the  last  assessed  valuation  of  the  prop- 
erty on  which  said  bay  window  is  to  be  erected,  which  appears  upon 
the  books  of  the  Department  of  Taxes  and  Assessments.  Except  as 
hereinafter  provided  the  amount  that  shall  be  paid  as  a  compensation 
to  the  City  for  the  privilege  of  erecting  each  bay  window  shall  be  at 
the  rate  of  10  per  cent,  of  the  assessed  value  per  square  foot  of  the 
property  on  which  the  said  bay  window  is  to  be  erected,  for  each  and 
every  square  foot,  or  fraction  thereof,  of  area  covered  by  said  bay 
window  beyond  the  building  line  for  each  and  every  story  through 
which  it  is  carried. 

If  the  projection  of  a  bay  window  does  not  exceed  one  foot 
beyond  the  building  line,  and  it  is  not  carried  higher  than  the  sill  of 
the  second-story  windows,  the  rate  throughout  The  City  of  New 


46  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


York  shall  he  10  cents  for  each  square  foot  or  fraction  thereof  of 
horizontal  area  covered  by  said  bay  windows  beyond  the  building- 
line. 

Sec.  227.  Bay  windows  may  be  hereafter  erected  with  a  projec- 
tion of  not  more  than  3  feet  beyond  the  building  line,  provided  that 
when  the  projection  exceeds  1  foot  beyond  the  building  line  the  total 
number  of  feet  in  width  occupied  by  all  the  bay  windows  on  the  same 
frontage  of  the  same  building  shall  not  exceed  75  per  cent,  of  the 
width  of  the  frontage  of  the  building  on  which  they  are  located,  the 
(projection  shall  not  exceed  1  foot  beyond  the  building  line,  nor  shall 
the  bay  window  be  carried  higher  than  the  sill  course  of  the  second- 
story  windows. 

Sec.  228.  Permits  for  the  erection  of  bay  windows  shall  be  issued 
in  duplicate,  one  of  which  shall  be  retained  by  the  applicant  and  kept 
•it  the  building  during  the  erection  of  the  window,  and  the  other 
shall  be  filed  by  him.  with  the  plans  for  the  construction  of  the  win- 
dow ,in  the  Department  of  Buildings.  If  it  shall  appear,  upon  com- 
pletion, that  the  bay  window  occupies  a  greater  number  of  stories 
■than  shall  have  been  paid  for  the  applicant  shall  pay  twice  the  sum 
previously  paid  for  each  square  foot  of  area  occupied  by  said  window 
over  and  above  the  number  of  square  feet  paid  for  originally. 

Sec.  229.  Permits  granted  pursuant  to  the  provisions  of  this  ordi- 
nance are  revocable  permits,  and  shall  have  the  following  clause 
printed  thereon,  viz.:  "This  permit  is  issued  subject  to  revocation 
thereof  at  any  time  hereafter  by  the  Board  of  Aldermen  of  The  City 
of  New  York,  upon  the  recommendation  of  the  officer  having  juris- 
diction, when  the  space  occupied  by  said  bay  window,  or  any  portion 
thereof,  may  be  required  for  any  public  improvement,  or,  upon  any 
\iolation  of  any  of  the  terms  or  conditions  upon  which  this  permit  is 
issued."  A  permit  for  the  erection  of  a  bay  window  shall  be  deemed 
to  have  expired  when  the  bay  window  is  taken  down,  and  the  space 
formerly  occupied  thereby  shall  no  longer  be  used  for  the  purpose  for 
which  the  permit  was  issued,  unless  a  permit  for  its  reconstruction 
shall  have  been  granted  as  provided  in  section  7  of  this  ordinance. 
In  case  it  is  thereafter  desired  to  erect  a  bay  window  on  the  said 
property,  the  applicant  shall  comply  with  all  the  provisions  of  this 
ordinance. 

Sec.  230.  Permits  for  the  reconstruction  of  now  existing  bay  win- 
dows as  defined  by  this  ordinance,  and  for  the  reconstruction  of  all 
bay  windows  which  shall  be  hereafter  erected  under  the  provisions 
of  this  ordinance,  shall  be  issued  by  the  officer  haying  jurisdiction, 
without  the  applicant's  obtaining  the  consent  of  adjoining  property 
owners,  as  provided  in  section  2  of  this  ordinance;  provided,  that  the 
bay  window,  when  reconstructed,  shall  have  no  greater  projection  or 
width,  nor  be  carried  through  a  greater  number  of  stories,  nor  cover 


ORDIXAXCKS  OF  THE  CITY  OF  NEW  YORK. 


47 


a  greater  area,  than  the  window  as  orginally  constructed.  Am! 
further  provided,  that  no  fee  shall  be  charged  for  the  reconstruction 
of  bay  windows  which  have  been  erected  under  the  provisions  of  this 
ordinance,  or  for  which  a  fee  has  been  paid  for  the  privilege  of  erecting 
the  same  under  the  provisions  of  the  laws  in  force  at  the  time  of  the 
erection  of  the  said  bay  window.  The  restrictions  specified  under 
section  4  of  this  ordinance  shall  not  apply  to  the  reconstruction  of  now 
existing  bay  windows;  but  permits  issued  for  the  reconstruction  of 
now  existing  bay  windows,  for  which  no  fee  has  heretofore  been  paid, 
shall  be  paid  for  as  provided  in  section  3  of  this  ordinance. 

Sec.  231.  Nothing  herein  contained  shall  be  deemed  to  conflict 
with  the  provisions  of  the  Building  Code,  and  all  bay  windows  for 
which  permits  are  issued,  under  the  provisions  of  this  ordinance,  shall 
be  erected  in  accordance  with  all  the  provisions  of  said  Code  in  regard 
to  the  kind  and  quality  of  materials  used.  No  plans  for  the  construc- 
tion of  a  bay  window  as  defined  in  this  ordinance  shall  be  approved 
by  the  Superintendent  of  Buildings  until  the  permit  is  filed,  as  pro- 
vided by  section  5  of  this  ordinance. 

Sec.  232.  A  permit  for  the  continuance  of  any  now  existing  bay 
window  which  projects  beyond  the  building  line  may  be  issued  by 
the  officer  who,  according  to  section  1  of  this  ordinance,  has  juris- 
diction over  the  erection  of  bay  windows  at  the  same  place.  Applica- 
tion for  such  permit  must  be  in  writing,  and  must  be  accompanied 
by  a  certified  copy  of  the  last  assessed  valuation  of  the  property  on 
which  such  bay  window  stands,  which  appears  upon  the  books  of 
the  Department  of  Taxes  and  Assessments,  and  must  also  be  accom- 
panied by  a  survey  showing  the  dimensions  of  such  bay  window  and 
the  number  of  stories  through  which  it  is  carried.  The  application 
shall  be  accompanied  by  the  amount  of  compensation  due  the  City  for 
the  privilege  of  continuing  the  bay  window,  calculated  in  the  same 
manner  and  at  the  same  rate  as  are  provided  in  sections  2  and  3  oi 
this  ordinance.  Permits  shall  be  issued  under  this  section  without 
consent  of  adjoining  property  owners.  Permits  issued  under  this 
section  shall  be  subject  to  all  of  the  provisions  of  section  6  of  thi^ 
ordinance,  in  like  manner  as  are  permits  for  the  erection  of  bay  win- 
dows. Permits  issued  under  this  section  shall  be  issued  in  duplicate, 
and  one  of  such  duplicates  shall  be  filed  in  the  Department  of  Build 
ings.  All  fees  received  under  this  section  shall  be  accounted  for  an<i> 
paid  over  as  provided  in  section  9  of  this  ordinance.  Nothing  herein 
contained  shall  be  construed  to  revoke  any  permit  or  authority  here- 
tofore lawfully  issued  or  given. 

Sec.  233.  All  fees  received  by  the  Borough  Presidents  or  the  Park 
Commissioners  for  the  issuing  of  permits  for  the  erection  of  bay 
windows  shall  be  accounted  for  in  proper  books  kept  for  that  purpose. 


4* 


ORDINANCES  OF  THE  CITY  OF. NEW  YORK. 


and  shall  be  turned  over  by  them  to  the  City  Chamberlain  and  credited 
to  the  General  Fund. 

Sec.  234.    Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  liable  to  a  fine  of  ten  dollars  ($10) 
for  each  offense,  and  one  dollar  ($1)  for  each  and  every  day  that  such 
offense  shall  continue,  which  shall  be  duly  sued  for  and  collected. 
3.    Ornamental  Projections. 

Sec.  235.  The  Borough  Presidents  and  the  Park  Commissioners 
having  jurisdiction  shall,  subject  to  the  restrictions  of  this  ordinance, 
issue  permits  for  the  construction  of  ornamental  projections  which 
project  beyond  the  building  line;  provided,  in  the  opinion  of  the  officer 
having  jurisdiction,  no  injury  will  come  to  the  public  thereby.  Per- 
mits for  the  construction  of  such  projections,  lying  within  any  park, 
square  or  public  place,  or  within  a  distance  of  350  feet  from  the  outer 
boundaries  thereof,  shall  be  issued  by  the  Park  Commissioner  having 
jurisdiction,  as  provided  in  section  612  of  the  Charter,  as  amended  by 
section  1,  chapter  723,  of  the  Laws  of  1901.  Permits  for  the  erection 
of  all  other  ornamental  projections  shall  be  issued  by  the  Borough 
President  having  jurisdiction. 

For  the  purposes  of  this  ordinance,  "an  ornamental  projection" 
shall  be  taken  to  mean  and  include  all  decorative  projections  on  the 
face  of  a  building  beyond  the  building  line,  in  the  nature  of  porches, 
arches,  porticos,  pedestals,  free-standing  statuary,  columns  and  pillars, 
which  are  erected  purely  for  the  enhancement  of  the  beauty  of  the 
building  from  an  artistic  standpoint. 

Sec.  236.  Before  the  erection  of  any  such  ornamental  projections 
shall  be  commenced  the  owner  of  the  building  or  his  duly  authorized 
agent  shall  make  applications  in  writing  to  the  said  Borough  President 
or  Park  Commissioner  having  jurisdiction,  on  suitable  blanks  fur 
nished  by  him,  for  the  permit  herein  provided  for,  and  shall  file  a  plan 
and  drawings  showing  the  nature  of  the  proposed  ornament,  with 
the  dimensions  thereof,  the  number  of  stories  through  which  it  is 
intended  to  be  carried,  the  number  of  square  feet  of  area  covered  by 
that  portion  of  the  ornamentation  projecting  beyond  the  building  line. 

Each  application  shall  be  accompanied  by  the  amount  of  com- 
pensation due  the  City  for  the  privilege  of  erecting  said  ornamenta- 
tion, as  hereinafter  provided. 

Sec.  237.  Each  application  for  the  erection  of  an  ornamental 
projection  which  projects  more  than  1  foot  beyond  the  building  line, 
shall  be  accompanied  by  a  certified  copy  of  the  last  assessed  valuation 
of  the  property  on  which  said  ornamental  projection  is  to  be  erected, 
which  appears  upon  the  books  of  the  Department  of  Taxes  and 
Assessments.  Except  as  hereinafter  provided,  the  amount  that  shall 
be  paid  as  a  compensation  to  the  City  for  the  privilege  of  erecting 
each  ornamental  projection  shall  be,  for  each  and  every  square  foot 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


40 


or  fraction  thereof  of  area  extending  more  than  I  foot  beyond  the 
"building  line,  at  the  rate  of  10  per  cent,  per  square  foot  of  the  assessed 
value  of  the  property  on  which  the  said  ornamental  projection  is  to 
be  erected. 

Sec.  238.  Ornamental  projections  which  shall  extend  not  more 
than  2  feet  beyond  the  building  line  may  hereafter  be  erected  on 
buildings  in  the  Borough  of  Manhattan,  situated  on  Broadway,  to  the 
south  of  Fifty-ninth  street;  on  Fourteenth  street,  between  Broadway 
and  Sixth  avenue;  on  Twenty-third  street  between  Third  and 
Sixth  avenues;  on  Thirty-fourth  street,  between  Third  and  Ninth 
avenues;  on  Fifty-ninth  street,  between  Third  and  Ninth  avenues,  and 
on  Fifth  avenue,  between  Fourteenth  street  and  Fifty-ninth  street,  and 
on  all  other  streets  in  The  City  of  New  York  ornamental  projections 
may  be  erected,  provided  they  shall  extend  not  more  than  one-fifteenth 
part  of  the  width  of  the  street  they  are  upon,  nor  in  any  case  more 
than  5  feet  beyond  the  building  line. 

Sec.  239.  The  permits  mentioned  herein  shall  be  issued  in  dupli- 
cate, one  of  which  will  be  retained  by  the  applicant  and  kept  at  the 
building  during  the  erection  of  the  projection,  and  the  other  shall  be 
filed  by  him  with  the  plans  for  the  building  in  the  Bureau  of  Buildings. 
If  it  shall  appear  upon  completion  that  the  ornamental  projection 
occupies  a  greater  number  of  square  feet  than  shall  have  been  paid 
for,  the  applicant  shall  pay  twice  the  sum  previously  paid  for  each 
square  foot  of  area  occupied  by  said  projection  over  and  above  the 
number  of  square  feet  paid  for  originally,  but  in  no  case  shall  said 
ornamental  projection  exceed  the  limit  allowed  by  law. 

Sec.  240.  Permits  granted  pursuant  to  the  provisions  of  this  ordi- 
nance are  revocable  permits,  and  shall  have  the  *following  clause 
printed  thereon,  viz.:  "This  permit  is  issued  subject  to  revocation 
thereof,  at  any  time  hereafter  by  the  Board  of  Aldermen  of  The  City 
of  New  York,  upon  the  recommendation  of  the  officer  having  juris- 
diction, when  the  space  occupied  by  said  ornamental  projection  or 
any  portion  thereof  may  be  required  for  any  public  improvement,  or 
upon  any  violation  of  any  of  the  terms  or  conditions  upon  which  this 
permit  is  issued."  A  permit  for  the  erection  of  an  ornamental  pro- 
jection shall  be  deemed  to  have  expired  when  such  projection  is  taken 
down,  and  the  space  formerly  occupied  thereby  shall  no  longer  be 
used  for  the  purpose  for  which  the  permit  was  issued,  unless  a  permit 
for  its  reconstruction  shall  have  been  granted,  as  provided  in  section 
8  of  this  ordinance.  In  case  it  is  thereafter  desired  to  erect  an  orna- 
mental projection  on  the  said  property,  the  applicant  shall  comply 
with  all  of  the  provisions  of  this  ordinance. 

Sec.  241.  Permits  as  hereinbefore  described,  and  subject  to  the 
conditions  therein  attached,  may  be  issued  to  the  owners  of  all 
buildings  having  ornamental  projections,  which  buildings  have  been 


50 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


erected  or  are  being  erected,  and  have  ornamental  projections  thereon 
beyond  the  building  line,  without  any  authorization  therefor. 

Sec.  242.  No  fees  shall  be  charged  for  granting  a  permit  to  re- 
construct an  ornamental  projection  within  the  limitations  imposed 
by  an  original  permit  therefor. 

Sec.  243.  Nothing  herein  contained  shall  be  deemed  to  conflict 
with  the  provisions  of  the  Building  Code.  No  plans  for  the  construc- 
tion of  a  building  having  ornamental  projections  thereon,  beyond  the 
building  line  as  defined  in  this  ordinance,  shall  be  approved  by  the 
Superintendent  of  Buildings  until  the  permit  therefor  is  filed,  as  pro- 
vided by  section  5  of  this  ordinance. 

Sec.  244.  All  fees  received  by  the  Borough  Presidents  or  Park 
Commissioners  for  the  issuing  of  permits  provided  by  this  ordinance 
shall  be  accounted  for  in  proper  books  kept  for  that  purpose  and  shall 
be  turned  over  by  them  to  the  City  Chamberlain  and  credited  to  the 
General  Fund. 

Sec.  245.  Any  person,  firm  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  guilty  of  a  misdemeanor  and  shall 
in  addition  thereto  be  liable  to  a  penalty  of  $10  for  each  offence  and 
$10  for  each  and  every  day  that  such  offense  shall  continue. 

4.    Porches,  Platforms  and  Stoops. 

Sec.  246.  No  person  or  persons  shall  hereafter  construct  any 
porch  over  a  cellar  door,  under  the  penalty  of  $100. 

Sec.  247.  No  person  or  persons  shall  construct  or  continue  any 
platform,  stoop  or  step  in  any  street  in  The  City  of  New  York  which 
shall  extend  more  than  one-tenth  part  of  the  width  of  the  street,  nor 
more  than  seven  feet,  nor  with  any  other  than  open  backs  or  sides_ 
or  railings,  nor  of  greater  width  than  is  necessary  for  the  purpose  of 
a  convenient  passageway  into  the  house  or  building,  nor  any  stoop 
or  step  which  shall  exceed  5  feet  in  height,  under  the  penalty  of  $100. 

Sec.  248.  Nothing  contained  in  the  preceding  section  of  this 
article  shall  be  deemed  to  prohibit  the  continuance  of  any  porches, 
doors,  stoops,  platforms  or  steps  which  were  heretofore  erected,  unless 
the  same  shall  be  complained  of  to  the  Board  of  Aldermen,  who 
may  direct  their  removal  or  alteration  within  a  reasonable  time. 

5.    Balustrades  and  Awnings. 

Sec.  249.  All  persons  who  wish  hereafter  to  erect  balustrades 
beyond  the  street  line  shall  first  obtain  permission  from  the  Board 
of  Aldermen. 

Sec.  250.  No  balustrade  shall  hereafter  be  erected,  excepting  from 
the  second  story  of  any  house;  nor  shall  it  project  more  than  one- 
twentieth  of  the  width  of  the  street  wherein  it  may  be  erected,  nor 
more  than  three  feet  in  any  case  whatever. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK  51 


Sec.  251.  None  but  iron  braces  and  railings  shall  be  used  for 
balustrades;  the  strength  and  firmness  shall  be  tested  by  the  Super- 
intendent of  Buildings;  and  in  case  he  objects  to  the  strength  of 
the  same,  it  shall  be  made  as  he  shall  direct  or  be  removed,  under 
the  penalty  of  $5  per  day. 

Sec.  252.  Awnings  of  tin  or  other  light  metal  or  canvas  may  be 
erected  across  the  sidewalk  of  any  of  the  streets  of  the  Borough  of 
Manhattan  except  Broadway,  Fifth  avenue,  Madison  avenue  and  the 
Bowery,  and  those  parts  of  Lexington  avenue  which  are  distant  200 
feet  from  any  intersection  cross  street  upon  which  a  surface  car  is 
operated;  provided,  that  ever}-  awning  shall  not  be  higher  than  the 
floor  of  the  second  story  of  the  building,  the  first  floor  being  the 
ground  floor,  but  in  no  case  to  be  covered  with  wood;  and  every 
such  awning  that  ma}'  be  built  upon  Lexington  avenue  shall  be  con- 
stru#ted  of  steel  with  glass  roof,  and  every  awning  or  water  shed  of 
any  kind  covering  one-half,  or  more  than  one-half,  or  less  than  the 
full  width  of  the  sidewalk,  shall  have  connected  therewith  a  gutter 
and  leader  of  material  and  size  sufficient  for  conducting  the  water 
from  the  same  to  the  outer  line  of  the  curb-stone.  A  penalty  of  $5 
for  each  day  such  awning  or  water-shed  shall  remain  without  such 
appurtenances  to  be  imposed. 

Sec.  253.  All  awnings  erected  hereunder  or  under  and  pursuant 
to  this  section,  shall  be  erected  only  with  the  consent  and  subject 
to  the  supervision  of  the  President  of  the  Borough  wherein  such 
awnings  are  to  be  erected. 

Sec.  254.  Any  person^  firm  or  corporation  erecting  any  awning 
hereunder  shall  be  liable  for  all  loss  or  damage  that  may  happen  or 
come  by  reason  of  the  erection  and  maintenance  of  such  awning. 

Sec.  255.  Nothing  herein  contained  shall  be  construed  to  prevent 
the  revocation  by  the  Board  of  Aldermen  of  the  license  to  erect  any 
awning  hereunder. 

Sec.  256.  Iron  posts  tor  awnings  erected  in  any  street  in  this 
City  shall  be  well  and  securely  braced  from  the  building  with  wrought 
iron  rails  or  rods  at  least  one  inch  in  diameter,  in  the  proportion  of 
one  brace  for  every  post. 

Sec.  257.  All  posts  fixed  in  any  street  for  the  purpose  of  support- 
ing any  awning  shall  be  of  iron  not  exceeding  six  inches  in  diameter, 
and  the  rail  crossing  the  same  shall  also  be  of  iron;  the  said  posts 
shall  be  placed  next  to  and  along  the  inside  of  the  curbstone,  and 
the  cross  rail,  which  is  intended  to  support  the  awning,  shall  not  be 
less  than  eight  nor  more  than  ten  feet  in  height  above  the  sidewalk, 
and  the  said  cross  rail  shall  be  strongly  secured  to  the  upright  posts. 
No  portion  or  part  of  any  canvas  or  cloth,  or  tin,  or  other  light  metal 
used  as  an  awning  shall  hang  loosely  or  project  upward  or  down- 


5-" 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


ward  from  the  same  over  any  sidewalk  or  footpath,  under  a  penalty 
of  $10  for  each  day's  offense. 

Sec.  258.  It  shall  be  the  duty  of  the  President  of  the  Borough 
in  which  the  same  is  erected  to  order  and  direct  any  awning  post, 
bracket,  or  awning  which  may  be  erected  in  any  street  in  The  City 
of  New  York,  contrary  to  the  provisions  of  this  ordinance,  to  be 
forthwith  removed;  and  any  person  who  shall  neglect  or  refuse  to 
comply  with  such  direction  and  order  shall  forfeit  and  pay  for  every 
such  offense  the  sum  of  $10. 

Sec.  259.  Any  awning,  water-shed  or  curtain  attached  thereto, 
heretofore  erected  or  constructed  according  to  the  provisions  of  any 
ordinance  or  resolution  in  force  at  the  time  shall  not  be  affected  by 
the  provisions  of  the  foregoing  ordinances. 

6.    Signs  and  Showbills.  * 

Sec.  260.  Signs,  showbills  and  snowboards  may  be  placed  on  the 
fronts  of  buildings,  with  the  consent  of  the  owner  thereof,  and  shall 
be  securely  fastened,  and  shall  not  project  more  than  one  foot  from 
the  house  wall,  except  that  signs  may  be  hung  or  attached  at  right 
angles  to  any  building  and  extend  not  to  exceed  three  feet  therefrom 
in  the  space  between  the  second  floor  (the  ground  floor  being  con- 
sidered the  first  floor)  and  a  point  eight  feet  in  the  clear  above  the 
level  of  the  sidewalk  in  front  of  such  building.  Signs  may  be  attached 
to  the  sides  of  stoops,  but  not  to  extend  above  the  railing  or  beyond 
the  stoop-line  of  any  stoop.  No  sign,  showbill  or  snowboard  shall  be 
placed,  hung  or  maintained  except  as  in  this  section  prescribed,  under 
penalty  of  $10  for  each  offense  and  a  further  penalty  of  $10  for  each 
day  or  part  of  a  day  the  same  shall  continue. 

7.    Exposing  Goods  for  Sale. 

Sec.  261.  No  goods,  wares,  merchandise,  or  manufacture  of  any 
description,  shall  be  placed  or  exposed  to  show  or  for  sale  upon  any 
balustrade  that  now  is  or  hereafter  may  be  erected  in  this  City,  under 
the  penalty  of  $10  for  each  offense. 

Sec.  262.  No  person  shall  hang  or  place  any  goods,  wares  or 
merchandise,  or  suffer,  maintain  or  permit  the  same  to  be  hung  or 
placed  at  any  greater  distance  than  3  feet  in  front  of  his  or  her  house, 
store  or  other  building,  and  not  to  a  greater  height  than  5  feet  above 
the  level  of  the  sidewalk,  except  goods,  wares  or  merchandise  in 
process  or  loading,  unloading,  shipment  or  being  received  from  ship- 
ment; but  at  all  times  there  shall  be  maintained  a  free  passageway 
for  pedestrians  in  the  centre  of  the  sidewalk.  The  penalty  for  a 
violation  of  this  ordinance  shall  be  $5  for  each  day's  offense. 
S.    Showcases,  Barber-poles.  Illuminated  Signs,  Ornamental  Lamps, 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Drop-awnings.  Storm-doors,  Stairways  and  Hoistways. 

Sec.  263.  Showcases  may  be  placed  in  areas  or  on  the  sidewalk 
within  the  stoop  line,  in  front  of  any  building,  by  or  with  the  consent 
of  the  occupant  of  the  ground  floor  thereof,  but  not  beyond  5  feet 
from  the  house  line  or  wall  of  any  building  where  the  stoop  lint 
extends  further,  and  provided  also,  that  no  such  showcase  shall  be 
more  than  5  feet  in  height,  3  feet  in  length,  and  2  feet  in  width,  nor 
shall  be  so  placed  as  to  interfere  with  the  free  access  to  the  adjoining: 
premises,  and  all  such  showcases  shall  be  freely  movable. 

Goods  when  exhibited  shall  not  be  placed  more  than  3  feet  from 
the  building  line,  and  not  to  a  greater  height  than  5  feet  above  the 
level  of  the  sidewalk. 

Barber-poles  not  exceeding  5  feet  in  height,  and  other  emblematic 
signs  may  be  placed  within  the  stoop  lines,  or  fastened  to  the  railing 
of  any  stoop,  under  the  same  conditions  as  to  dimensions,  consent,, 
etc.,  as  hereinbefore  provided  for  showcases. 

Ornamental  lamps  and  illuminated  signs  may  be  placed  on  the 
stoop  of  any  building  by  the  owner  of  said  building,  and  upon  or 
within  the  stoop  line  by  the  occupant  of  the  ground  floor  of  any 
premises. 

Drop-awnings,  without  vertical  supports,  are  permitted  within  the 
stoop  lines,  but  in  no  case  to  extend  beyond  6  feet  from  the  house 
line,  and  to  be  at  least  6  feet  in  the  clear  above  the  sidewalk. 

Storm-doors  not  exceeding  10  feet  in  height,  nor  more  than  2 
feet  wider  than  the  doorway  or  entrance  of  any  building,  may  b< 
temporarily  erected  within  the  stoop  lines,  but  in  no  case  to  extend 
more  than  6  feet  outside  the  house  line.  Xo  structure  under  the  nanii 
of  "storm-door"  shall  be  lawful  which  shall  practically  be  an  extension 
of  the  building  front  or  house  front  within  the  stoop  line,  or  an 
enlargement  of  the  ground  floor  of  any  premises. 

Stairways  may  be  constructed,  but  not  at  a  greater  distance  than 
4  feet  from  the  house-wall  of  any  building.  Hoistways  may  be 
placed  within  the  stoop  lines,  but  in  no  case  to  extend  beyond  5  feet 
from  the  house  line,  and  shall  be  guarded  by  iron  railings  or  rods  t<* 
prevent  accidents  to  passers-by. 

Sec.  264.  All  privileges  which  may  be  exercised  under  the  pre- 
visions of  the  last  preceding  section  shall  be  without  expenses  <>r 
charge  to  the  City,  and  are  conferred  only  during  the  pleasure  of  the 
Board  of  Aldermen,  who  may  at  any  time  alter,  amend  or  repeal  said 
section.  The  penalty  for  a  violation  of  said  last  preceding  section 
shall  be  not  to  exceed  $10  for  each  and  every  day  such  violation  chall 
continue. 

9.    Obstructing  and  Injuring  Walks. 
Sec.  265.    Xo  person  shall  lead,  drive  or  ride  any  horse,  or  horse 


54  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


and  cart,  or  drag  any  wheel  or  hand  barrow,  or  saw  any  wood,  upon 
any  footpath  or  sidewalk,  under  the  penalty  of  $5  for  each  offense. 

Sec.  266.  No  owner  or  occupant  of  any  store  or  house  shall  per- 
mit or  suffer  any  cart  or  other  wheel  carriage  to  be  driven  or  otherwise 
to  pass  or  go  over  or  upon  the  footpath  or  sidewalk  opposite  to  such 
house  or  store,  for  the  purpose  of  loading  or  unloading  such  cart 
or  other  wheel  carriage,  or  for  any  other  purpose  whatever,  under 
the  penaltv  of  $^  for  each  offense. 

Sec.  267.  Tf  any  cartman  or  other  person  shall  break  or  otherwise 
injure  any  footpath  or  sidewalk,  he  or  thev  shall,  within  twenty-four 
hours  thereafter,  cause  the  same  to  be  well  and  sufficiently  repaired 
or  mended,  under  the  penaltv  of  $to. 

Sec.  268.  No  person  shall  obstruct  the  walks  laid  across  the 
public  streets  or  at  the  head  of  the  public  slips  in  The  Citv  of  New 
York,  by  placing  or  stopping  his  horse,  cart  or  other  carriage  upon 
or  across  any  of  the  said  walks,  or  by  placing  or  putting  any  other 
obstruction  or  other  thing  across  or  on  the  same,  under  the  penalty 
of  $5  for  each  offense. 

10.    Moving  Buildings. 

Sec.  260.  The  Rorough  President  in  each  borough  shall  and 
hereby  is  authorized  to  grant  permits  for  moving  buildings  through 
and  across  the  public  highways,  taking  in  each  case  a  proper  bond 
to  secure  The  City  of  New  York  against  loss  or  damage  incident  to 
said  moving. 

11.    Protecting  Street  Pavement. 

Sec.  270.  In  no  case  shall  building  material  be  placed  upon,  or 
mortar,  cement  or  other  material  mixed  upon  the  pavement  of  a  street 
paved  with  asphalt,  asphalt  block  or  wood,  except  a  permit  be  issued 
by  the  Borough  President  having  jurisdiction,  which  permit  shall  con- 
tain a  provision  that  such  pavement  be  protected  by  first  laying 
planks  thereon. 

Any  person,  firm  or  corporation  violating  any  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a  minor  offense  and  upon  con- 
viction thereof  by  any  Magistrate,  whether  upon  confession  of  the 
party  or  competent  testimony,  shall  be  punished  by  a  fine  not  exceed- 
ing $10  for  each  offense,  and  in  default  of  payment  of  such  fine  by 
imprisonment  not  exceeding  10  days. 

It  shall  be  the  duty  of  the  President  of  the  Borough  or  Park 
•Commissioner,  as  the  case  may  be,  when  issuing  permits  to  builders 
and  others  to  use  the  streets,  to  insert  in  said  permits  a  provision 
-requiring  compliance  with  this  ordinance. 

12.    Prohibiting  the  Throwing  of  Fruit  Skins.  Etc.,  on  Walks. 

Sec.  271.    Any  person  who  shall  cast,  throw  or  deposit  on  any 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  55 

sidewalk  or  crosswalk  in  any  street,  avenue  or  public  place  within  the 
corporate  limits  of  The  City  of  New  York,  any  part  or  portion  of 
any  fruit  or  vegetable  or  other  substances,  which,  when  stepped  upoi 
by  any  person,  is  liable  to  cause,  or  does  cause,  him  or  her  to  slip 
or  fall,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  before  any  Magistrate,  shall  be  punished  by  a  fine  of  not  less 
than  $1  nor  more  than  $5.  or  in  default  of  such  fine,  by  imprisonment: 
not  less  than  one  day  nor  more  than  ten  days,  at  the  discretion  of 
the  Court. 

Sec.  272.  The  proprietor  of  ever3r  store,  stand  or  other  place 
where  fruit,  vegetable  or  other  substances  mentioned  in  section  1  of 
this  ordinance  are  sold,  shall  keep  suspended  therein  or  posted  there- 
on, in  some  conspicuous  place,  constantly,  a  copy  of  this  ordinance 
printed  in  large  type,  so  that  persons  purchasing  any  such  fruit, 
vegetable  or  other  substances  may  become  aware  of  its  provisions; 
and  every  such  proprietor  or  agent  refusing  or  neglecting  to  comply 
with  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  punished  by  a  fine  of  $5 
for  such  neglect,  or  in  default  of  payment  thereof,  by  imprisonment 
not  to  exceed  ten  days,  at  the  discretion  of  the  Court.  The  Com- 
missioners of  Police  are  hereby  required  to  enforce  rigidly  the  pro- 
visions of  this  ordinance. 

13.    Use  of  Tan-Bark  on  Streets. 

Sec.  273.  The  Mayor  or  any  Alderman,  the  Department  of  Health, 
the  Commissioner  of  Police,  the  Inspector  or  Police  Captain  assigned 
to  the  precinct  in  which  said  premises  are  situated,  upon  application,, 
shall  grant  permission  to  lay  tan-bark  in  the  carriage-way  in  front 
of  any  premises  occupied  by  any  sick  or  convalescent  person  or  per- 
sons, to  the  extent  of  500  feet  in  any  direction  from  said  premises, 
providing  all  expenses  of  placing  and  removing  the  bark  be  paid 
for  by  the  person  making  such  application.  The  bark  so  placed  in 
any  street  shall  be  removed  upon  the  order  of  the  Commissioner  of 
Street  Cleaning  within  five  days  after  the  recovery  or  death  of  such 
sick  or  convalescent  person,  and  upon  failure  or  neglect  to  comply 
with  such  order,  then  it  shall  be  removed  by  the  said  Commissioner 
of  Street  Cleaning,  who  shall,  if  necessary,  sue  for  and  recover  the 
cost  of  such  removal  in  the  manner  now  provided  for  the  collection 
of  fines  in  violation  of  the  ordinances  of  the  City. 

Article  11 — Surveyors. 

Sec.  274.    There  shall  be  so  many  Surveyors  appointed  for  this 
City  as  the  Board  of  Aldermen  shall  from  time  to  time  think  proper. 
Sec.  275.    The  City  Surveyors  so  to  be  appointed,  before  they  re- 


5* 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


spectively  enter  upon  the  execution  of  said  office,  shall  take  an  oath 
well  and  truly  to  execute  the  same. 

Sec.  276.  Whenever  in  the  proper  administration  of  the  duties  of 
Tiis  office,  the  President  of  any  borough  in  this  City  may  require  the 
services  of  a  City  Surveyor  in  laying  out  and  regulating  streets  and 
roads  in  said  City,  making  maps  and  surveys  for  street  opening  pro- 
ceedings, laying  out  and  surveying  grounds  for  the  purpose  of  building 
thereupon,  and  to  advise  and  direct  concerning  the  same,  he  shall 
"have  the  authority  to  employ  such  one  of  the  City  Surveyors  as  he 
may  designate  for  that  purpose. 

Sec.  277.    The  Cit\-  Surveyors  employed  by  an}'  Borough  Pre.-" 
ident  shall  receive  compensation  therefor  as  follows,  nor  shall  any  Sur- 
veyor's bill  be  paid  unless  the  same  be  first  certified  by  the  Borough 
President  so  employing  him: 

For  a  preliminary  survey  in  regulating  a  street  or  avenue  or 
for  making  a  country  road,  3  cents  per  linear  foot  measuring  through 
the  centre  of  the  street,  avenue  or  road,  and  for  each  additional  line 
of  levels.  1  cent  per  linear  foot,  to  be  measured  in  the  same  manner. 

For  a  preliminary  survey  in  filling  sunken  lots,  $1.50  per  lot  of 
2,500  square  feet. 

For  grading,  when  done  alone,  5  cents  per  linear  foot,  measuring 
through  the  centre  of  the  street  or  avenue. 

For  grading  and  setting  curb  and  gutter,  when  done  under  the 
same  contract,  8  cents  per  linear  foot,  measuring  through  the  centre 
of  street  or  avenue. 

For  grading  and  setting  curb  and  gutter  and  flagging  or  paving, 
■when  done  under  the  same  contract.  11  cents  per  linear  foot,  meas- 
uring through  the  centre  of  street  or  avenue. 

For  flagging,  when  done  alone,  3  cents  per  linear  foot  along  the 
line  of  the  work  done. 

For  setting  curb  and  gutter  and  flagging  or  paving,  when  done 
xmder  the  same  contract,  but  not  in  connection  with  the  grading.  9 
cents  per  linear  foot,  measuring  through  the  centre  of  the  street  or 
avenue. 

For  setting  curb  and  gutter  alone,  3  cents  per  linear  foot  along 
the  line  of  the  work  done. 

For  setting  stakes,  making  final  survey,  etc.,  in  the  tilling  of 
sunken  lots.  $1.50  per  lot  of  2.500  square  feet. 

For  fencing,  including  preliminary  survey.  3  cents  per  linear  foot. 

For  making  a  country  road,  10  cents  per  linear  foot,  measuring 
through  the  centre  of  the  road. 

For  establishing  a  new  grade  line,  1  cent  per  linear  foot,  meas- 
uring along  the  line. 

For  making  the  necessary  surveys  and  furnishing  all  necessary 
copies  of  damage  maps  in  street  opening  proceedings,  3  cents  per 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


57 


foot,  measuring  along  the  extension  line  of  the  street  or  avenue  and 
along  all  boundary  lines  of  each  parcel  included  within  said  street 
or  avenue  lines,  and  for  assessment  lists  and  maps  for  street  openings 
or  other  improvements,  3  cents  per  linear  foot  of  map  front,  it  being 
understood  that  the  Surveyor  shall  in  every  case,  furnish  quadruple 
lists  and  maps  without  additional  charge. 

A  Surveyor  employed  by  either  of  the  said  Borough  Presidents 
to  make  a  survey,  the  compensation  for  which  is  not  otherwise 
provided,  shall  receive  such  compensation  as  shall  be  certified  by 
the  Borough  President  so  employing  them. 

Sec.  278.  In  all  cases  of  street  improvements,  when  the  same 
is  required,  a  projection  or  profile  and  such  drawings  and  calculations 
shall  be  furnished  to  the  said  Borough  President  as  may  be  required 
by  him,  without  extra  compensation. 

A  surveyor  shall  be  entitled  to  receive  payment  for  a  preliminary 
survey  on  the  completion  of  the  same  to  the  satisfaction  of  the 
Borough  President  employing  him.  lie  shall  receive  payment  for  all 
services  on  the  completion  of  the  work  and  its  acceptance  by  the 
Borough  President. 

Sec.  279.  The  amount  paid  for  any  of  the  services  mentioned 
above,  whenever  the  same  shall  have  been  rendered  in  relation  to  any 
improvement  or  work  for  which  an  assessment  may  afterward  be 
made,  shall  be  included  in  such  assessment. 

Sec.  280.  A  surveyor  shall  be  entitled  to  receive  $10  for  every 
certificate  for  payment  to  a  contractor  on  any  work  done  by  contract 
made  upon  public  advertisement  and  letting,  which  shall  be  paid  by 
the  Borough  President  making  the  contract,  and  except  as  herein 
otherwise  provided,  no  surveyor  shall  be  entitled  to  any  payment  for 
a  certificate  to  a  contractor. 

The  amount  so  paid  for  a  certificate  shall  be  deducted  from  the 
payment  to  be  made  to  the  contractor  on  account  of  the  work  cer- 
tified to  be  done. 

CHAPTER  6— THE  DEPARTMENT  OF  WATER  SUPPLY.  GAS 
A X D  ELECTRICITY. 

Article  1 — The  Water  Register. 

Sec.  281.  The  Water  Register  shall  on  each  day,  except  Sunday, 
of  each  week,  render  to  the  Comptroller  an  account,  under  oath,  item 
by  item,  of  all  moneys  received  by  him,  containing  the  names  of  the 
persons  from  whom  they  were  received,  the  amounts  received  and 
on  what  account,  and  when  paid,  and  shall  thereupon  pay  over  the 
amount  so  received  to  the  Chamberlain. 


58  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Article  2 — Water  Rents, 

Sec.  282.  The  minimum  annual  rents  and  the  special  charges  to 
be  collected  by  the  Department  of  Water  Supply.  Gas  and  Electricity 
shall  be  as  follows,  to  wit: 


One        Two  Three  Four  Five 

Front  Width.  Story.  Stories.  Stories.  Stories.  Stories. 

16  feet  and  under   $4  00  $5  00  $6  00  $7  00  $8  00 

16  to  18  feet   5  00          6  00  7  00  8  00  9  00 

18  to  20  feet   6  00          7  00  8  00  9  00  10  00 

20  to  22]/2  feet   7  00          8  00  9  00  10  00  11  00 

22^2  to  25  feet   8  00         9  00  10  00  11  00  12  00 

25  to  30  feet   10  00  11  00  12  00  13  00  14  00 

30  to  Z7lA  feet   12  00    ,  13  00  14  00  15  00  16  00 

37V2  to  50  feet   14  00  15  00  16  00  17  00  18  00 


The  apportionment  of  the  regular  frontage  rates  upon  dwelling 
bouses  is  on  the  basis  that  but  one  family  is  to  occupy  the  same  and 
for  each  additional  family  $1  per  year  shall  be  charged. 

Building  Purposes — 10  cents  per  1,000  brick.  All  masonry  at  the 
same  rate,  500  brick  being  equal  to  1  cubic  yard. 

Plastering — 40  cents  per  100  square  yards,  openings  not  included. 

Baths — All  baths,  $3  per  annum. 

Water  closets  and  urinals  of  every  description,  $2  per  annum. 
One  water  closet  and  one  bath  in' each  house  supplied  free  of 


■charge. 

Steam  lighters  and  tug  boats,  H.  P.,  per  year   $90  00 

Steam  lighters  and  tug  boats,  L.  P.,  per  year   45  00 

Pile  drivers  and  hoisting  engines,  per  month   5  00 

Steam  yachts,  per  month   5  00 

All  others,  per  month   5  00 

Water  boats  supplying  shipping,  per  month   25  00 


Meter  Rates. 

Water  meters  shall  be  placed,  at  the  discretion  of  the  Commis- 
sioner of  Water  Supply,  Gas  and  Electricity,  for  all  stores,  workshops, 
hotels,  manufactories,  office  buildings,  public  edifices,  on  wharves, 
ferry  houses,  and  in  all  places  where  water  is  furnished  for  business 
consumption,  except  private  dwellings;  the  charge  for  water  meas- 
ured by  meter  to  be  10  cents  per  100  cubic  feet. 

All  charges  not  herein  mentioned  or  fixed  are  reserved  for  special 
contract  by  and  with  the  Commissioner  of  Water  Supply,  Gas  and 
Electricity. 

Sec.  283.  All  rents  for  the  use  of  water  shall  be  paid  in  advance 
at  the  time  of  applying  for  the  water  and  before  any  permit  is 
issued;  to  be  calculated  up  to  the  first  day  of  May  succeeding;  and 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


all  rents  shall  continue  to  be  collected  in  advance  on  the  first  day  of 
May  annually,  so  long  as  the  contract  exists;  and  no  contract  foi 
the  supply  of  water  shall  be  binding  for  a  longer  period  than  until 
the  second  succeeding  first  of  May  after  such  contract  is  entered  into. 

Sec.  284.  The  supply  of  water  shall  be  cut  off  in  all  cases  where 
the  rent  is  behind  and  unpaid  ten  days. 

Article  3 — The  Croton  Aqueduct. 

Sec.  285.  Xo  new  works  connected  with  the  Croton  Aqueduct 
shall  be  constructed,  nor  shall  any  mains  or  pipes  be  constructed  or 
laid  down,  except  with  the  authority  of  the  Board  of  Aldermen,  and 
except  also  that  in  case  of  any  unexpected  casualty  or  damage  to  the 
pipes,  reservoirs  or  other  structures  connected  with  the  aqueduct,  the 
Chief  Engineer  of  the  Department  of  Water  Supply.  Gas  and  Elec- 
tricity, under  direction  of  the  Commissioner,  shall  take  immediate 
measures  for  the  preservation  and  repair  of  the  same,  the  expense 
of  which  shall  be  paid  on  his  requisition  by  the  warrant  of  the 
Comptroller. 

Sec.  286.  If  any  person  shall  bathe  in.  or  go  into  the  Croton 
water  at  either  of  the  reservoirs,  or  any  part  of  the  Croton  aqueduct, 
or  shall  throw  any  stones,  chips  or  dirt,  or  any  other  material,  sub- 
stance or  thing  whatever  into  the  reservoirs  or  into  the  water  or 
gate-houses,  or  into  the  ventilators,  or  aqueduct  or  fountain  basins, 
or  shall  in  any  manner  injure  or  disfigure  any  part  of  the  Croton 
aqueduct  works,  he  shall  be  subject  to  a  fine  not  to  exceed  $50,  to 
be  imposed  by  any  City  Magistrate.,  either  on  his  view  or  in  a 
summary  manner;  and  in  default  of  payment  of  any  fine  so  imposed, 
such  City  Magistrate  shall  commit  such  offender  to  the  City  Prison 
for  a  period  not  to  exceed  thirty  days,  unless  such  fine  is  sooner  paid. 

Sec.  287.  In  case  any  person  shall  trespass  on  any  part  of  the 
embankment  of  the  Croton  aqueduct  reservoirs,  or  go  or  remain  on 
the  same  without  permission  of  the  proper  persons  having  charge 
of  the  same,  or  in  case  any  person  does  not  comply  with  the  regula- 
tions of  the  Commissioner  of  Water  Supply.  Gas  and  Electricity, 
unscrew  or  open  any  hydrant  belonging  to  bankment  of  said  reser- 
voirs, on  the  grounds  or  buildings  attached  to  said  reservoirs,  such 
person  shall  be  subject  to  a  fine  of  $25,  to  be  levied  and  collected 
in  the  manner  prescribed  in  the  last  section;  and  in  default  of  pay- 
ment, imprisonment  as  in  like  manner,  not  .to  exceed  twenty  days,  in 
the  City  Prison. 

Sec.  288.  Xo  person  or  persons,  except  the  Mayor  and  Aldermen 
of  the  respective  districts  and  the  engineers  or  foremen  of  the  Fire 
Department,  shall,  without  previous  permission  in  writing  from  the 
Commissioner  of  Water  Supply,  Gas  and  Electricity,  unscrew  or 
open  any  hydrant  belonging  to  or  attached  to  the  Croton  aqueduct 


<5o  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


works,  erected  for  the  extinguishment  of  fires;  nor  shall  leave  said 
fire  hydrant  open  for  a  longer  time  than  shall  be  limited  in  said 
permission;  nor  shall  use  the  water  for  other  purposes  than  may  be 
mentioned  in  said  permission,  under  the  penalty  of  not  less  than  $5 
nor  more  than  $25  for  each  offense,  in  the  discretion  of  the  Magistrate 
before  whom  the  complaint  shall  be  made. 

Article  4 — Use  of  Water. 

Sec.  289.  All  persons  contracting  for  a  supply  of  water  shall  pay 
the  cost  of  the  materials  and  labor  used  and  expended  on  the  streets 
necessary  to  make  the  connection  with  the  conduit  pipes,  or  pay 
such  annual  interest  thereon  as  required  by  the  rules  and  regulations 
of  the  Commissioner  of  Water  Supply,  Gas  and  Electricity.  No 
street  shall  be  opened,  or  pipes  bored,  or  connections  made  unless 
under  the  direction  of  the  said  Commissioner,  under  the  penalty  of 
$50  for  each  offense. 

Sec.  290.  No  person  or  persons,  except  such  as  may  be  licensed 
by  the  Commissioner  of  Water  Supply,  Gas  and  Electricity  to  sell 
water  to  shipping,  shall  take  the  water  from  any  hydrant  or  water 
connection  erected  or  to  be  erected  in  The  City  of  New  York,  and 
attached  to  the  water  pipes,  for  the  purpose  of  using  the  same  on  any 
boat,  vessel,  barge  or  pile-driver,  or  for  the  purpose  of  selling  or 
offering  the  same  for  sale  to  the  owner  of  any  boat,  vessel,  barge  or 
pile-driver,  without  first  having  obtained  permission  in  writing  from 
the  said  Commissioner,  under  penalty  of  $25  for  each  offense,  to  be 
recovered  against  such  person  or  persons  or  such  owner  or  owners 
«if  any  such  boat,  vessel,  barge  or  pile-driver  in  an  action  to  be  pros- 
ecuted by  the  Corporation  Counsel. 

Sec.  291.  No  person  other  than  an  employee  of  the  Department 
•of  Water  Supply.  Gas  and  Electricity,  or  of  the  Fire  Department, 
shall  be  permitted  to  use  the  large  or  double  fire  hydrants  placed 
throughout  the  city  for  the  use  of  the  Fire  Department,  and  any 
>treet  sprinkler,  sweeper  or  cleaner,  or  other  person  or  persons  not 
connected  with  either  the  Department  of  Public  Works  or  the  Fire 
Department,  found  tampering  with  or  using  any  of  said  hydrants, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  the  sum  of  $25,  and  in  default  of  payment  thereof  shall 
be  punished  by  imprisonment  not  exceeding  ten  days. 

Sec.  292.  The  Commissioner  of  Water  Supply,  Gas  and  Elec- 
tricity is  instructed  to  cause  the  hydrants  to  be  kept  closed,  and  report 
all  violations  of  the  laws  to  the  Corporation  Counsel. 

Sec.  293.  The  Commissioner  of  Water  Supply,  Gas  and  Electricity 
shall  at  all  times  when  the  general  supply  of  water  is  not  thereby 
endangered,  permit  the  hydrants  to  be  used  for  cleaning  the  streets, 
under  the  regulation  of  said  Commissioner. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  6t 

Sec.  294.  No  person  or  persons  shall  use  the  Croton  water  for 
washing  streets,  sidewalks,  steps  or  buildings  from  May  1  to  November 
1  following  in  each  year,  after  8  a.  m.,  and  from  November  1  to  May 
1  following,  after  9  a.  m.,  under  the  penalty  of  $5  for  each  offense. 

Sec.  295.  Any  person  or  persons  who  shall  obstruct  the  access 
to  the  different  stop-cocks  connected  with  the  water  pipes  by  placing 
thereon  stone,  brick,  lumber,  dirt,  or  any  other  materials,  or  who 
shall  permit  any  such  materials  to  be  placed  thereon  by  those  in 
his  or  their  employ,  shall  be  subject  to  the  penalty  of  $50  for  each 
offense,  with  an  additional  sum  of  $25  for  each  day  the  same  shall 
be  continued  after  notice  of  removal  shall  have  been  served. 

Sec.  296.  The  penalties  prescribed  in  this  article  shall  be  imposed 
on  the  offender  in  like  manner  as  above  provided  in  respect  to  the 
penalty  for  bathing  in  the  Croton  aqueduct;  and  in  default  of  the 
payment  the  offender  shall  be  subject  to  like  punishment  by  impris- 
onment, as  in  the  said  section  prescribed. 

Article  5 — Lamps. 

Sec.  297.  No  person,  without  permission  of  the  Commissioner  of 
Water  Supply,  Gas  and  Electricity,  shall  take  up,  remove  or  carry 
away  any  public  lamp-post  in  The  City  of  New  York,  under  the 
penalty  of  $10  for  each  offense. 

Sec.  298.  No  person  shall  remove,  or  cause  or  permit  to  be 
removed  any  public  lamp-post  now  or  hereafter  to  be  placed  in  front 
of  their  premises,  for  the  purpose  of  constructing  a  vault,  or  otherwise, 
without  the  permission  of  the  President  of  the  Borough;  and  the 
owner  or  owners  of  such  vault  shall  cause  the  lamp-post  so  removed 
to  be  reset  at  their  own  expense  immediately  upon  the  completion 
of  the  vault,  under  the  penalty  of  $25  for  each  offense. 

Sec.  299.  No  ornamental  lamp-post  shall  hereafter  be  erected 
in  any  of  the  streets,  avenues  or  public  places  in  The  City  of  New 
York  which  shall  exceed  in  dimensions  at  the  base  more  than  18 
inches  in  diameter,  if  circular  in  form,  and  if  upon  a  square  base,  no 
side  thereof  shall  exceed  18  inches. 

CHAPTER  7. 

Title  1 — Bureau  of  Licenses. 

Sec.  300.  There  shall  be  a  Bureau  of  Licenses  in  and  for  The 
City  of  New  York  attached  to  the  Mayor's  office,  with  the  principal 
office  in  the  City  Hall  in  the  Borough  of  Manhattan,  and  a  branch 
office  in  such  other  boroughs  as  may  be  deemed  necessary  and  be 
designated  by  the  Mayor  of  said  City,  for  the  purpose  of  issuing  and 
recording  all  licenses  authorized  by  resolution  or  ordinance  of  the 
Board  of  Aldermen  or  now  in  force  in  any  part  of  said  City. 


6->  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  301.  The  Bureau  of  Licenses  shall  consist  of  a  Chief  of 
-.iid  Bureau,  with  such  Deputies  and  Assistants  as  may  be  found 
necessary  for  properly  carrying  on  the  work  of  the  Bureau,  to  be 
appointed  and  removed  at  pleasure  by  the  Mayor  of  said  City,  and 
paid  such  compensation  as  shall  be  fixed  by  said  Mayor. 

Sec.  302.  All  licenses  issued  by  the  Bureau  of  Licenses  shall  be 
according  to  an  established  form,  printed  with  corresponding  stub 
and  regularly  numbered,  with  suitable  blank  spaces  for  writing  in 
the  name  and  residence  of  the  licensee,  kind  and  class  of  license, 
location  and  privileges  allowed,  and  the  amount  of  fee  paid,  all 
properly  bound  in  book  form.  All  such  licenses  shall  be  duly  classified 
and  recorded  in  suitable  registers  and  fully  indexed. 

Sec.  303.  All  licenses  issued  by  the  Bureau  of  Licenses  shall  be 
granted  by  the  Mayor  and  duly  issued  upon  regular  application  to 
the  Bureau  of  Licenses.  The  registers  of  licenses  shall  be  public 
records,  and  extracts  may  be  certified  by  the  Chief  of  the  Bureau 
or  the  deputy  or  assistant  in  charge  of  a  branch  office,  for  use  as 
evidence. 

Sec.  304.  There  shall  be  kept  in  the  principal  office  of  said 
Bureau  and  each  and  every  office  thereof  a  book  recording  consec- 
utively eacli  license  as  issued,  showing  its  kind  and  class,  whether 
new  or  renewed,  name  of  license,  regular  number  of  blank  form, 
and  amount  of  fee  received  day  by  day.  A  daily  report  showing  all 
of  above  details  shall  be  made  by  each  branch  office  to  the  principal 
office.  All  moneys  received  each  day  shall  be  duly  deposited  in  a 
designated  City  depository  the  following  day.  There  shall  also  be 
kept  in  the  principal  office  of  said  Bureau  a  book  showing  a  statement 
of  all  licenses  issued  and  fees  received  by  said  Bureau  and  its  branches, 
tabulated  by  days,  months  and  quarters  of  the  year,  and  compiled 
annually. 

Title  2 — The  Granting  and  Regulating  of  Licenses. 
Article  1 — Business  Requiring  a  License. 
Sec.  305.  The  following  businesses  must  be  duly  licensed  as 
herein  provided,  namely:  Public  cartmen,  truckmen,  hackmen,  cab- 
men, expressmen,  junk  dealers,  dealers  in  second-hand  articles,  hawk- 
ers, peddlers,  venders,  ticket  speculators,  coal  scalpers,  common  shows, 
shooting  galleries,  bowling  alleys,  billiard  tables,  dirt  carts,A  exterior 
hoists  and  stands  within  stoop  lines  and  under  the  stairs  of  elevated 
railroad  stations. 

Sec.  306.    Xo  person  shall  engage  in  or  carry  on  any  such  business 
without  a  license  therefor  under  a  penalty  of  not  less  than  $2  nor 
more  than  $25  for  each  offense,  and  for  the  purposes  of  this  ordinance 
the  term  person  shall  include  any  human  being  or  lawful  association 
of  such. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


63 


Article  2 — Licenses  and  License  Fees. 

Sec.  307.  All  licenses  shall  be  granted  by  authority  of  the  Mayor 
and  issued  by  the  Bureau  of  Licenses  for  a  term  of  one  year  from  the 
date  thereof,  unless  sooner  suspended  or  revoked  by  the  Mayor,  and 
no  person  shall  be  licensed  except  a  citizen  of  the  United  States  or 
one  who  has  regularly  declared  intention  to  become  a  citizen. 

The  Mayor  shall  have  power  to  suspend  or  revoke  any  license 
or  permit  issued  under  the  provisions  of  this  ordinance.  The  Mayor 
shall  also  have  power  to  impose  a  fine  of  not  more  than  $5  or  less' 
than  $1  for  any  violation  of  the  regulations  herein  provided,  and  to 
suspend  the  license  pending  payment  of  such  fine,  which,  when 
collected,  shall  be  paid  into  the  Sinking  Fund  for  the  Redemption  of 
the  City  Debt. 

Sec.  308.    The  annual  license  fees  shall  be  as  below  enumerated: 


For  each  public  cart  or  truck   $2  00 

For  each  public  hack  coach   3  00 

For  each  public  hack  cab   2  00 

For  each  special  hack  coach   5  00 

l^or  each  special  hack  cab   3  00 

For  each  express  wagon..   5  00 

For  each  junk  shop  or  dealer   20  00 

For  each  dealer  in  second-hand  articles   25  00 

For  each  junk  cart  or  boat   5  00 

For  each  peddler  using  horse  and  wagon   8  00 

For  each  peddler  using  push  cart   4  00 

For  each  peddler  carrying  merchandise   2  00 

For  each  ticket  speculator   50  00 

For  each  coal  scalper   250  00 

For  each  common  show   25  00 

For  each  public  shooting  gallery   5  00 

For  each  public  bowling  ailey   5  00 

For  each  public  billiard  table   3  00 

For  each  dirt  cart   1  00 

For  each  general  hoisting   25  00 

For  each  special  hoisting   1  00 

For  each  fruit  or  soda  water  stand,  or  both   10  00 

For  each  newspaper  or  periodical  stand,  or  both,  and  in  addition 

also  fruit  or  soda  water  stand,  or  both   15  00 

For  each  movable  newspaper  stand   1  00 

For  each  newspaper  and  periodical  stand,  or  both   5  00 

For  each  chair  of  a  bootblack  stand...   5  00 

For  each  stand  under  elevated  railroad  stations   10  00 

For  each  driver  of  any  licensed  vehicle   50 


Sec.  309.    Any  license,  before  its  expiration  or  within  thirty  days 


<  iRDINANCES  OF  THE  CITY  OF  NEW  YORK. 


thereafter,  may  be  renewed  for  another  term,  upon  payment  of  one- 
half  the  license  fee  above  designated  therefor. 

All  licenses  in  force  when  this  ordinance  takes  effect  for  any  busi- 
ness enumerated  above  may  be  renewed  under  the  foregoing  pro- 
visions regulating  renewals  of  licenses  hereunder  issued. 

Article  3 — Special  Regulations  and  Rates. 

1.    Public  Carts  and  Carriers. 

Sec.  310.  Every  vehicle,  of  whatever  construction,  drawn  by 
animal  power  or  propelled  by  other  motive  power,  which  shall  be 
kept  for  hire  or  used  to  carry  merchandise,  household  furniture  or, 
other  bulky  articles  within  The  City  of  New  York  for  pay,  shall  be 
deemed  a  public  cart,  and  the  owner  thereof  shall  be  deemed  a  public 
cartman. 

Sec.  311.  Ever}-  public  cart  shall  show  on  each  outside  thereof 
the  words  "Public  Cart"  or  the  letters  "P.  C",  together  with  the 
figures  of  its  official  number. 

Sec.  312.  The  amount  to  be  charged  for  loading,  transporting  or 
transmitting  and  unloading,  may  be  agreed  upon  in  advance,  and 
such  a  contract  shall  regulate  and  control  the  employment. 

Sec.  313.    The  legal  rates  lor  moving  household  furniture,  unless 


otherwise  mutually  agreed,  shall  be  as  follows: 

For  a  single  truck  load,  within  two  miles   $2  00 

For  every  additional  mile  or  part  thereof  :   50 

For  loading,  unloading  and  housing  to  ground  floor   50 

For  each  flight  of  stairs,  up  or  down   25 

For  a  double  truck  load,  within  two  miles   3  00 

For  every  additional  mile  or  part  thereof   1  50 

For  loading,  unloading  and  housing  to  ground  floor   50 

For  each  flight  of  stairs,  up  or  down   50 


Sec.  314.  Every  public  cartman  shall  be  entitled  to  be  paid  the 
legal  rate  of  compensation  herein  provided  immediately  after  the 
transportation  and  before  actual  delivery,  and  in  default  of  such  pay- 
ment to  retain  a  load  or  part  thereof  sufficient  to  secure  charges, 
and  convey  the  same  promptly  to  the  Property  Clerk  of  the  Police 
Department,  or  to  a  convenient  storage  warehouse,  where  the  same 
may  be  left  on  storage,  subject  to  all  charges  incurred,  including 
cartage  to  place  of  deposit.  A  notice,  in  writing,  with  a  brief  state- 
ment of  particulars,  shall  be  sent  at  once  by  the  cartman  to  the 
Bureau  of  Licenses. 

2.    Drivers  of  Licensed  Vehicles. 

Sec.  315.  Every  person  driving  a  licensed  hack  or  express,  other 
than  the  person  named  in  the  license  therefor,  shall  be  licensed  as 
such  driver,  and  every  application  for  such  a  license  shall  be  indorsed, 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  65 


in  writing,  by  two  reputable  citizens  of  The  City  of  New  York, 
certifying  to  the  competence  of  the  applicant. 

3.    Public  Hacks  and  Hackraen. 

Sec.  316.  Any  vehicle  kept  for  hire  shall  be  deemed  a  public 
hack,  and  a  vehicle  intended  to  seat  two  persons  inside  shall  be 
deemed  a  cab,  and  a  vehicle  intended  to  seat  four  persons  inside  shall 
be  deemed  a  coach,  and  the  term  hackmen  shall  be  deemed  to  include 
owner  or  driver,  or  both. 

Sec.  317.  None  but  licensed  hacks  shall  use  the  designated 
public  hack  stands  in  the  City.  The  owner  of  any  hack  not  intended 
to  use  the  public  stands  and  having  the  written  consent  of  the  owner 
or  lessee  of  the  premises,  in  the  discretion  of  the  Mayor  or  the 
Chief  of  the  Bureau  of  Licenses,  may  be  specially  licensed  and 
permitted  to  use  temporarily  a  portion  of  the  street  in  front  of  said 
premises  as  a  stand,  and  shall  be  confined  to  carrying  passengers 
from  said  premises. 

Sec.  318.  No  hackney  coach,  carriage  or  cab,  which  shall  be 
specially  licensed  by  virtue  of  the  provisions  of  this  ordinance  shall 
make  use  or  come  upon  any  stand,  that  is  now  or  may  be  hereafter 
designated  as  a  hackney  coach  stand,  or  at  any  other  place  in  The  City 
of  New  York,  except  in  front  of  or  adjacent  to  any  hotel  or  hotels, 
or  at  any  other  place  which  may  be  designated  by  the  Mayor,  and 
which  may  be  used  as  a  stand,  with  the  approval  and  consent  of  the 
persons  occupying  the  premises  in  front  of  which  said  coaches,  car- 
riages or  cabs  are  to  be  permitted  and  allowed  by  the  authority  of 
the  Mayor,  as  aforesaid,  provided  the  owner  or  driver  of  any  such 
coach,  carriage  or  cab  shall  not  solicit  or  take  any  passenger  or 
passengers  on  the  streets,  but  shall  confine  themselves  to  and  for 
the  use  of  the  guests  of  said  hotel  or  hotels. 

Sec.  319.  The  legal  rates  of  fare,  of  which  an  official  copy  shall 
be  furnished  by  the  Bureau  of  Licenses,  and  carried  by  every  licensed 


hackman,  shall  be  as  follows: 

Mileage  rates  for  general  driving: 
Cabs— 

For  one  mile  or  any  part  thereof   $  50 

For  each  additional  half  mile  or  part  thereof   25 

For  any  stop  over  five  minutes  in  a  trip,  for  ever}-'  fifteen 

minutes  or  fraction  thereof   25 

Coaches — 

For  one  mile  or  any  part  thereof   1  00 

For  each  additional  half  mile  or  part  thereof   50 

For  any  stop  over  five  minutes  in  a  trip,  for  every  fifteen 

minutes  or  fraction  thereof   40 


Hourly  Rates — These  hourly  rates,  except  by  special  agreement, 


66  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


are  to  apply  only  to  shopping  and  calling,  and  shall  not  include 
park  or  road  driving,  nor  driving  for  more  than  three  miles  from 
the  starting  point: 
Cabs— 

For  one  hour  or  any  part  thereof   $i  oo 

For  each  additional  half  hour  or  part  thereof   50 

Coaches — 

For  one  hour  or  any  part  thereof  J   1  50 

For  each  additional  half  hour  or  any  part  thereof   75 

For  driving  around  Central  Park  the  charge  shall  be  $3.  where 
the  starting  point  is  between  Twenty-third  street  and  One  Hundred 
and  Thirty-fifth  street;  if  the  starting  point  is  below  Twenty-third 
street,  or  north  of  One  Hundred  and  Thirty-fifth  street,  an  additional 
charge  of  50  cents,  for  each  mile  or  fraction  thereof,  shall  be  paid. 

For  driving  around  Central  Park  and  Riverside  Drive,  where  the 
starting  point  is  between  Twenty-third  street  and  One  Hundred  and 
Thirty-fifth  street  the  charge  shall  be  $4;  if  the  starting  point  is  below 
Twenty-third  street  or  north  of  One  Hundred  and  Thirty-fifth  street, 
an  additional  charge  of  50  cents  for  each  mile  or  fraction  thereof  shall 
be  paid. 

On  all  park  drives  one-half  hour  shall  be  allowed  for  sight  seeing 
without  extra  compensation. 

Sec.  320.  Ferriage  and  bridge  tolls  in  all  cases  to  be  paid  by  the 
parties  using  the  vehicles.  ,  - 

Sec.  321.  Twenty  blocks  north  and  south  to  constitute  a  mile; 
seven  blocks  between  the  numbered  and  lettered  avenues  will  be 
deemed  a  mile  as  from  Avenue  B  to  Sixth  avenue  or  from  Second 
avenue  to  Ninth  avemie. 

Sec.  322.  Every  hack  shall  be  provided  with  a  suitable  lamp  on 
each  side  and  shall  have  securely  fastened  across  the  middle  of  the 
outside  of  each  lamp  a  metal  band  of  not  less  than  two  inches  in 
width,  out  of  which  the  official  number  of  the  license  shall  be  cut  after 
the  manner  of  a  stencil  plate,  the  component  figures  of  such  number 
to  be  not  less  than  one  and  one-half  inches  in  height,  and  the  style 
of  the  whole  to  be  approved  by  the  Mayor  or  Chief  of  the  Bureau  of 
Licenses.  Every  licensed  hack  shall  have  the  official  number  of  the 
license  legibly  engraved  or  embossed  upon  a  metal  plate  and  affixed 
inside,  as  designated  and  approved  by  the  Mayor  or  Chief  of  the 
Bureau  of  Licenses,  and  no  licensed  hack  shall  carry  or  have  affixed 
to  it,  inside  or  outside,  any  number  except  the  official  number  as 
aforesaid. 

Sec.  323.  Every  licensed  hackman,  immediately  after  the  termina- 
tion of  any  hiring  or  employment,  must  carefully  search  such  hack 
for  any  property  lost  or  left  therein.- and  any  such  property,  unless 
sooner  claimed  or  delivered  to  the  owner,  must  be  taken  to  the  near- 


ORDINANCES  OF  THE  CITY  OE  NEW  YORK  67 

est  police  station  and  deposited  with  the  officer  in  charge  within 
twenty-four  hours  after  the  rinding  thereof,  and  in  addition  to  a  writ- 
ten notice,  with  brief  particulars  and  description  of  the  property,  must 
be  forwarded  at  once  to  the  Bureau  of  Licenses. 

Sec.  324.  Every  licensed  haekman  shall  have  the  right  to  demand 
payment  of  the  legal  fare  in  advance,  and  may  refuse  employment 
unless  so  prepaid,  but  no  licensed  haekman  shall  otherwise  refuse  or 
neglect  to  convey  any  orderly  person  or  persons  upon  request  any- 
where in  the  City  unless  previously  engaged  or  unable  to  do  so.  No 
licensed  haekman  shall  carry  any  other  person  than  the  passenger 
first  employing  a  hack  without  the  consent  of  said  passenger. 

Sec.  325.  All  vehicles  for  hire  shajl  be  licensed,  and  the  owner 
thereof  shall  pay  the  sum  of  $2  with  his  original  application  as  the 
license  fee  for  each  and  every  vehicle  so  kept  for  hire,  and  $1  for  each 
vehicle  for  annual  renewals. 

Sec.  326.  All  disputes  as  to  the  lawful  rate  of  fare,  where  no 
agreement  has  been  made,  and  all  refusals  to  pay  the  agreed  amount 
where  an  agreement  is  claimed,  shall  be  determined  by  the  police  offi- 
cer in  charge  of  the  police  station  nearest  to  the  place  where  such 
dispute  is  had,  and,  except  in  the  case  of  a  freeholder  or  householder 
in  the  City  of  Xew  York,  failure  to  comply  with  such  determination 
shall  subject  the  offending  party  to  a  charge  of  disorderly  conduct, 
punishable  by  a  hue  of  not  exceeding  $10,  or  in  default  thereof  impris- 
onment for  not  more  than  ten  days. 

4.    Public  Hack  Stands. 

Sec.  327.  Any  duly  licensed  hackney  coach  or  cab  shall  stand 
while  waiting  for  employment  at  any  of  the  following  places  and  for 
the  periods  of  time  hereafter  provided: 

Stand  No.  I — South  Ferry,  foot  of  Whitehall  street,  along  the 
park. 

Stand  No.  2 — Broadway,  around  Bowling  Green. 
Stand  No.  3 — In  Barclay  street,  west  of  Washington  street. 
Stand  No.  4 — In  Murray  street,  between  Washington  and  West 
streets. 

Stand  Xo.  5 — In  Broad  street,  from  Stock  Exchange  to  Beaver 
street;  one  line  centre  of  street. 

Stand  Xo.  6 — At  Fulton  Ferry,  along  the  Market  side,  south  and 

east. 

Stand  Xo.  7 — Broadway,  from  north  side  of  Beekman  .street  to 
Chambers  street,  and  Chambers  street  from  Broadway  to  west  side  of 
new  Court-house,  park  side. 

Stand  Xo.  8 — In  Canal  street,  west  of  Washington  street. 

Stand  Xo.  9 — In  Chatham  square. 

Stand  No.  10 — North,  west  and  south  sides  of  Union  square. 
Stand  Xo.  11 — North. .west  and  south  sides  of  Madison  square. 


68  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Stand  No.  12 — The  vacant  square,  junction  of  Broadway  and 
Sixth  avenue.  Thirty-second  and  Thirty-fifth  streets. 

Stand  No.  13 — On  Fourth  avenue,  between  Fortieth  and  Forty- 
second  streets,  each  side  of  cut  to  the  tunnel. 

Stand  No.  14 — At  the  junction  of  Broadway  and  Seventh  avenue 
on  the  squares,  Forty-third  to  Forty-seventh  street. 

Stand  No.  15 — On  the  north  side  of  Fortieth  and  south  side  of 
Forty-second  streets,  from  Fifth  avenue  to  Sixth  avenue. 

Stand  No.  16 — On  Forty-ninth  street,  north  side  of  Fifth  avenue 
to  a  point  100  feet  from  Eighth  avenue. 

Stand  No.  17 — At  all  ferries. 

Stand  No.  18 — At  all  passenger  steamboat  landings,  fifteen  min- 
utes before  the  usual  time  of  arrival  of  such  passenger  steamboats. 

Stand  No.  19 — At  all  theatres  and  other  places  of  public  amuse- 
ment fifteen  minutes  before  the  conclusion  of  the  performance. 

Stand  No.  20 — At  all  railroad  depots,  five  minutes  prior  to  the 
arrival  of  passenger  trains,  licensed  owners  and  drivers  may  solicit 
passengers  without  their  vehicles,  except  that  at  the  Grand  Central 
Dep(  t  such  hackmen  shall  not  stand  on  the  sidewalk  more  than  three 
feet  within  the  curb. 

Stand  No.  21 — Broadway,  opposite  St.  Paul's  Church,  from  5  p.  m. 
until  sunrise. 

Stand  No.  22 — On  all  street  corners,  from  10  p.  m.  until  sunrise. 

Stand  No.  23 — South  side  of  One  Hundred  and  Fifty-fifth  street 
between  Ninth  and  Manhattan  avenues. 

Stand  No.  24 — North  s;de  of  One  Hundred  and  Forty -fifth  street, 
from  the  corner  of  Eighth  avenue  300  feet  east. 

Stand  No.  25 — North  side  of  One  Hundred  and  Twenty-fifth  street, 
to  extend  a  distance  of  100  feet  west  of  Eighth  avenue. 

Stand  No.  26 — North  side  of  One  Hundred  and  Fifty-fifth  street, 
from  the  corner  of  Eighth  avenue  300  feet  east. 

Stand  No.  27 — West  side  of  Third  avenue,  near  Fordham  station 
of  the  New  York  and  Harlem  Railroad,  extending  southerly  about  100 
feet  from  the  southerly  intersection  of  Pelham  avenue. 

Stand  No.  28 — Every  elevated  railroad  station  in  The  City  of  New 
York  shall  be  deemed  a  public  cab  stand,  and  public  cabs  and  coaches 
shall  be  and  are  hereby  authorized  to  stand  on  the  street  corners  at 
such  places. 

Stand  No.  29 — Park  avenue,  from  Sixtieth  street  to  Sixty-first 
street,  and  Seventy-second  to  Seventy-third  street  on  west  side  of 
tunnel. 

Stand  No.  30 — Fifth  avenue.  Sixtieth  to  Sixty-second  street,  on 
west  side  of  avenue,  and  seventy-first  to  Seventy-second  and  Seventy- 
second  to  Seventy-third  street,  on  west  side  of  avenue. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Stand  No.  31 — Fifth  avenue,  Eighty-first  to  Eighty-second  street, 
and  from  Ninetieth  to  Ninety-first  street,  on  west  side  of  avenue. 

Stand  No.  32 — Sixty-third  street,  from  Broadway  to  Columbus 
avenue,  north  side. 

Stand  No.  33 — From  Sixty-third  to  Sixty-fourth  street,  on  Broad- 
way, west  side. 

Stand  No.  34 — Sixty-sixth  street,  between  Broadway  and  Colum- 
bus avenue,  south  side. 

Stand  No.  35 — Sixty-fifth  to  Sixty-sixth  street,  on  Broadway,  east 
side;  Amsterdam  avenue,  Seventy-second  to  Seventy-third  street,  on 
west  side. 

Stand  No.  36 — South  side  of  Seventy-third  third,  between  Broad- 
way and  Amsterdam  avenue. 

Stand  No.  37 — From  Seventy-ninth  to  Eighty-first  street,  on  Col- 
umbus avenue,  east  side. 

Stand  No.  38 — On  Eighty-first  street,  from  Columbus  avenue  to  a 
point  100  feet  east  of  Columbus  avenue. 

Stand  No.  39 — Sherman  square,  north  side  of  Seventieth  street, 
from  Amsterdam  avenue  to  Broadway. 

Stand  No.  40 — West  side  of  Broadway,  from  Seventieth  street  to 
Seventy-first  street. 

Stand  No.  41 — Amsterdam  avenue,  from  Seventieth  to  Seventy- 
first  street,  east  side. 

Stand  No.  42 — All  subway  stations. 

Stand  No.  43 — Northwest  side  of  Plaza,  between  Fifty-eighth  and 
Fifty-ninth  streets. 

Sec.  328.  That  not  more  than  two  cabs  or  coaches  shall  stand  at 
any  such  station  (meaning  thereby  the  uptown  or# downtown  station), 
and  they  shall  not  impede  or  obstruct  proper  access  to  and  from  the 
stairways  at  such  stations. 

Sec.  328a.  That  the  following  streets  and  places  in  the  Third 
Ward  of  the  Borough  of  Queens  are  hereby  fixed  as  the  places  at 
which  hacks  and  stages  may  stand  waiting  for  hire,  viz.:  At  Flush- 
ing, Broadway,  from  Lawrence  to  Prince  street,  and  a  main  street, 
from  Bradford  avenue  to  Locust  street;  at  Bayside,  on  Bell  avenue, 
from  Pleasant  avenue  to  300  feet  north  of  Long  Island  Railroad 
track,  and  at  Whitestone,  on  Sixteenth  street,  from  Seventh  to  Eighth 
avenue.  "  .  • 

Sec.  329.  Any  person  violating  any  of  the  provisions  hereof, 
except  those  of  article  1,  section  11,  upon  conviction  thereof  by  the 
Chief  of  the  Bureau  of  Licenses,  or  Deputy  Chief,  either  upon  confes- 
sion of  the  party  or  by  competent  testimony,  may  be  fined  or  such 
offense  any  sum  not  more  than  $10,  or  be  subject  to  the  suspension 
or  revocation  of  his  license  in  the  discretion  of  the  Chief  of  the  Bu- 
reau of  Licenses,  or  Deputy  Chief  either  upon  confession  of  the  party 


70  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

or  by  competent  testimony,  may  be  fined  for  such  offense  any  sum  not 
more  than  $10.  or  be  subject  to  the  suspension  of  revocation  of  his 
license  in  the  discretion  of  the  Chief  of  the  Bureau  of  Licenses,  or 
Deputy  Chief,  with  the  approval  of  the  Mayor. 

Article  4a — Public  Porters. 

Sec.  329a.  The  Mayor  shall  license  and  appoint  as  many  and 
such  persons  as  he  may  think  expedient  to  be  public  porters  of  The 
City  of  New  York,  and  revoke  or  suspend  any  or  all  of  such  licenses  at 
his  pleasure;  and  it  shall  not  be  lawful  for  any  person  to  use  any 
wheelbarrow  or  handcar  to  carry,  transport  or  convey  baggage,  goods 
or  other  things  from  place  to  place  within  said  City  for  hire,  wages  or 
pay  for  such  conveyance,  or  to  be  at  any  hotel,  boarding-house,  ferry, 
steamboat  landing,  railroad  station  or  depot,  and  solicit  of  strangers, 
travelers,  citizens,  or  other  persons,  or  accept  the  conveyance  of  bag- 
gage or  other  articles,  without  being  licensed  as  aforesaid  by  the 
Mayor.  This  section  shall  not  be  construed  to  prevent  any  person 
employed  in  any  hotel  or  boarding-house,  from  conveying  any  baggage 
or  other  articles  to  or  from  such  hotel  and  boarding-house,  and  using 
a  pushcart  or  wheelbarrow  therefor;  provided  the  name  of  the  hotel  or 
boarding-house,  and  the  keeper  thereof,  be  painted  distinctly  on  both 
sides  of  such  wheelbarrow  or  handcart,  and  an  a  badge  worn  on  the 
front  of  his  hat  or  cap,  so  as  to  be  easily  and  distinctly  seen. 

Sec.  329b.  All  licenses  to  public  porters,  granted  as  aforesaid, 
shall  run  one  year  from  the  date  thereof,  and  may  be  renewed  by  the 
Mayor  at  any  time  within  the  said  year  for  a  succeeding  year. 

Sec.  329c.  Every  person  receiving  a  license  to  be  a  public  porter 
as  aforesaid,  shall  pay  to  the  Mayor,  for  the  use  of  the  City,  $1;  and 
the  further  sum  of  25  cents  upon  the  renewal  of  every  such  license. 

Sec.  329d.  Every-  public  porter  shall  wear,  in  a  conspicuous  place 
about  his  person,  so  as  to  be  easily  seen,  a  brass  plate  or  badge,  011 
which  shall  be  engraved  his  name,  the  words  "public  porter."  and  the 
number  of  his  license;  and  it  shall  be  unlawful  for  any  other  person 
to  wear  or  exhibit  any  badge  purporting  to  be,  resembling  or  similar 
to  the  badge  of  a  public  porter,  and  no  public  pot  ter  shall  permit  any- 
other  person  to  wear  his  badge  or  use  his  name  in  any  way  whatever 
in  the  transportation  or  conveyance  of  anything. 

Sec.  329c  Public  porters  shall  be  entitled  to  charge  and  receive, 
for  the  carrying  or  conveyance  of  any  article  any  distance  within  half 
a  mile.  25  cents  if  carried  by  hand,  and  50  cents  if  carried  on  a  wheel 
barrow  or  handcart;  if  the  distance  exceeds  half  a  mile,  one -half  of  the 
above  rates  in  addition  thereto,  and  in  the  same  proportion  for  any 
greater  distance. 

Sec.  329L  Xo  public  porter  or  handcartman  shall  be  entitled  to 
recover  or  receive  any  pay  or  fare  from  any  person  for  the  transporta- 
tion of  any  article  or  articles  unless  his  name  and  number  of  license 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


i 


and  the  rates  shall  be  fixed,  and  the  badge  worn,  agreeably  to  this 
article. 

Sec.  32Qg.  Upon  the  trial  of  any  cause  commenced  for  the  re- 
covery of  any  of  the  aforesaid  prices  or  rates,  it  shall  be  incumbent  on 
the  plaintiff  in  such  action  to  prove  that  the  badge  was  worn  and  the 
prices  fixed,  agreeably  to  the -last  preceding  section,  at  the  time  the 
services  were  rendered  for  which  the  suit  was  brought. 

Sec.  329I1.  No  public  porter  or  handcartman  shall  neglect  or  re- 
fuse to  transport  any  article  or  articles  when  required  so  to  do.  unless 
he  shall  then  be  actually  and  otherwise  employed,  or  unless  the  dis- 
tance he  shall  be  required  to  go  shall  be  more  than  two  miles,  under 
the  penalty  of  $5  for  each  offense. 

Sec.  329L  No  public  porter  or  handcartman  shall  suffer  or  per- 
mit any  other  person  than  himself  to  carry  any  article  or  articles  in 
his  wheel  or  hand  barrow,  or  handcart,  or  to  wear  his  badge,  under 
the  penalty  of  $5  for  every  such  offense. 

Sec.  329J.  If  any  public  porter  shall  ask  or  demand  any  greater 
rate  of  pay  or  compensation  for  the  carrying  or  conveyance  of  any 
articles  than  is  herein  provided,  he  shall  not  be  entitled  to  any  pay 
for  the  said  service,  and  to  so  ask,  demand,  or  receive  any  greater  pay 
or  compensation  shall  be  deemed  a  violation  of  this  article. 

Sec.  329k.  It  shall  not  be  lawful  for  any  person  to  represent  him- 
self as,  or  to  wear  or  exhibit  any  badge,  inscription,  card  or  device, 
purporting  or  implying  that  he  is  employed  or  authorized  by  the 
keeper,  proprietor,  agent  or  officer  of  any  hotel,' boarding-house,  ves- 
sel, steamboat  or  railroad-  company,  to  solicit,  receive  or  convey  per- 
sons, baggage,  or  other  things  to  or  from  any  such  hotel,  boarding- 
house,  vessel,  steamboat  or  railroad  company's  station  or  depot,  with- 
out being  actually,  and  duly  authorized  by  such  keeper,  proprietor, 
officer  or  agent  so  to  do,  under  the  penalty  of  $25  for  every  offense. 
5.    Expresses  and  Expressmen. 

Sec.  330.  Every  vehicle  of  whatever  construction  kept  or  used 
for  the  conveyance  of  baggage,  packages,  parcels  and  other  articles 
within  or  through  The  City  of  New  York,  for  pay,  shall  be  deemed  a 
public  express,  and  the  owner  shall  be  deemed  a  public  expressman, 
and  the  term  expressman  shall  be  deemed  to  include  any  common  car- 
rier of  baggage,  packages,  parcels  or  other  articles  within  or  through 
The  City  of  New  York. 

Sec.  331.  Every  public  express  shall  show  on  each  outside  there- 
of the  word  "Express,"  or  the  letters  "Exp.,"  together  with  the  fig- 
ures of  its  official  number. 

Sec.  332.  Every  owner  of  a  public  express  shall  give  a  bond  to 
The  City  of  New  York  for  each  and  every  vehicle  licensed  in  a  penal 
sum  of  $100,  with  sufficient  surety,  approved  by  the  Mayor  or  Chief 
of  the  Bureau  of  License,  conditioned  for  the  safe  and  prompt  deliv- 


2 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


ery  of  all  baggage,  packages,  parcels  and  other  articles  or  things  en- 
trusted to  the  owner  or  driver  of  any  such  licensed  express. 

Sec.  333.  The  legal  rates  for  regular  deliveries,  unless  otherwise 
mutually  agreed,  shall  be  as  follows  in  the  City: 

Between  points  within  any  borough — 

Not  more  than    5  miles  apart,  each  piece    $0  40 

Not  more  than  10  miles  apart,  each  piece    55 

Not  more  than  15  miles  apart,  each  piece    75 


Between  points  in  different  boroughs:  One-harf  the  above  rates 
in  addition. 

Special  deliveries  at  rates  to  be  mutually  agreed  upon. 
6.    Junk  Dealers. 

Sec.  334.  Any  one  dealing  in  the  purchase  and  sale  of  junk,  old 
rope,  old  iron,  brass,  copper,  tin  or  lead,  rags,  slush  or  empty  bottles 
shall  be  deemed  to  be  a  junk  dealer  and  the  place  of  business  a  junk 
shop,  and  every  such  junk  dealer  shall  give  a  bond  to  The  City  of 
New  York  with  sufficient  surety,  approved  by  the  Mayor  or  Chief  of 
the  Bureau  of  Licenses,  in  the  penal  sum  of  $250,  conditioned  for  the 
due  observance  of  all  Municipal  ordinances. 

Sec.  335.  Every  junk  dealer  shall  keep  a  book  in  which  shall  be 
legibly  written,  at  the  time  of-  every  purchase,  a  description  of  every 
article  so  purchased,  the  name  and  residence  of  the  person  from  whom 
such  purchase  was  made  and  the  day  and  hour  of  such  purchase,  and 
such  book  shall  at  all  reasonable  times  be  open  to  the  inspection  of 
the  Mayor,  Chief  of  the  Bureau  of  Licenses,  any  Police  Officer  or 
Magistrate  of  The  City  of  New  York,  or  any  person  duly  authorized, 
in  writing,  for  such  purpose  by  any  of  said  authorities  and  who  shall 
exhibit  such  written  authority  to  such  dealer. 

Sec.  336.  No  junk  dealer  shall  carry  on  business  at  any  other 
place  than  the  one  designated  in  the  license  therefor,  or  shall  con- 
tinue to  carry  on  business  after  such  license  is  suspended  or  revoked 
or  expired. 

Sec.  337.  No  junk  dealer  shall  purchase  any  goods,  article  or 
thing  whatsoever  from  any  minor,  apprentice  or  servant,  knowing  or 
having  reason  to  believe  the  seller  to  be  such,  or  from  any  person  or 
persons  whatsoever,  between  the  setting  of  the  sun  and  the  hour  of  7 
o'clock  in  the  morning. 

Sec.  338.  If  any  goods,  article  or  thing  whatsoever  shall  be  ad- 
vertised in  any  newspaper  printed  in  The  City  of  New  York  as  having 
been  lost  or  stolen,  and  if  the  same,  or  any  answering  to  the  descrip- 
tion advertised,  or  any  part  or  portion  thereof,  shall  be  or  come  in  the 
possession  of  any  junk  dealer,  such  dealer  shall  give  information 
thereof,  in  writing,  to  the  Chief  of  Police  and  state  from  whom  the 
same  was  received,  and  every  junk  dealer  who  shall  have  or  receive 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


73 


any  goods,  article  or  thing  lost  or  stolen,  or  alleged  or  supposed  to 
have  been  lost  or  stolen,  shall  exhibit  the  same  on  demand  to  the 
Mayor,  Chief  of  the  Bureau  of  Licenses,  any  Police  Officer  of  Magis- 
trate of  The  City  of  New  York,  or  any  person  duly  authorized,  in 
writing,  by  any  of  said  authorities,  and  who  shall  exhibit  such  written 
authority  to  such  dealer. 

Sec.  339.  No  junk  dealer  while  licensed  as  such  shall  be  licensed 
as  pawnbroker  or  deal  in  second-hand  articles  in  The  City  of  New 
York. 

Sec.  340.  Any  vehicle  in  the  streets  or  any  vessel  in  the  waters 
of  The  City  of  New  York,  used  for  the  purpose  of  collecting  junk, 
rags,  old  rope,  paper,  bagging,  old  iron,  brass,  copper,  tin,  empty  bot- 
tles, slush  or  lead,  shall  be  deemed  respectively  a  junk  cart  or  junk 
boat  and  every  junk  cart  or  junk  boat  shall  show  on  each  outside 
thereof  the  words  "junk  cart"  or  "junk  boat."  together  with  the  figures 
of  its  official  number,  and  no  person  shall  do  such  collecting  in  any 
other  way  or  manner  than  as  aforesaid. 

7.    Dealers  in  Second-Hand  Articles. 

Sec.  341.  Any  one  dealing  in  the  purchase  and  sale  of  second- 
hand furniture,  metal,  clothes  or  other  articles  shall  be  deemed  to  be 
a  dealer  in  second-hand  articles,  and  every  such  dealer  in  second-hand 
articles  shall  give  a  bond  to  The  City  of  New  York  with  sufficient 
surety,  approved  by  the  Mayor  or  Chief  of  the  Bureau  of  Licenses,  in 
the  penal  sum  of  $100,  conditioned  for  the  due  observance  of  all  Mu- 
nicipal ordinances. 

Sec.  342.  Every  dealer  in  second-hand  articles  shall  kt*ep  a  book 
in  which  shall  be  legibly  written,  at  the  time  of  every  purchase,  a  de- 
scription of  every  article  so  purchased,  the  name  and  residence  of  the 
person  from  whom  such  purchase  was  made  and  the  day  and  hour  of 
such  purchase,  and  such  book  shall  at  all  reasonable  times  be  open  to 
the  inspection  of  the  Mayor,  Chief  of  the  Bureau  of  Licenses,  any 
Police  Officer  or  Magistrate  of  The  City  of  New  York,  or  any  person 
duly  authorized,  in  writing,  for  such  purpose  by  any  of  said  authori- 
ties, and  who  shall  exhibit  such  written  authority  to  such  dealer. 

Sec.  343.  No  dealer  in  second-hand  articles  shall  carry  on  busi- 
ness at  any  other  place  than  the  one  designated  in  the  license  therefor 
or  shall  continue  to  carry  on  business  after  such  license  is  suspended 
or  revoked  or  expired. 

Sec.  344.  No  dealer  in  second-hand  articles  shall  purchase  any 
goods,  articles  or  thing  whatsoever  from  any  minor,  apprentice  or 
servant,  knowing  or  having  reason  to  believe  the  seller  to  be  such,  or 
from  any  person  or  persons  whatsoever,  between  the  setting  of  the 
sun  and  the  hour  of  7  o'clock  in  the  morning. 

No  article  or  thing,  except  wooden  furniture,  stoves  and  kitchen 
utensils  purchased  in  the  way  of  business,  shall  be  sold  or  disposed  of 


74 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


by  any  dealer  in  second-hand  articles  until  the  expiration  of  one 
month  after  such  purchase;  and  no  such  dealer  shall  receive  any  arti- 
cle by  way  of  pledge  or  pawn. 

Sec.  345.  If  any  goods,  article  or  thing  whatsoever  shall  be  ad- 
vertised in  any  newspaper  printed  in  The  City  of  New  York  as  haying 
been  lost  or  stolen,  and  if  the  same,  or  any  answering  to  the  descrip- 
tion advertised,  or  any  part  or  portion  thereof,  shall  be  or  come  in 
the  possession  of  any  dealer  in  second-hand  articles,  such  dealer  shall 
give  information  thereof,  in  writing,  to  the  Chief  of  Police,  and  state 
from  whom  the  same  was  received,  and  every  dealer  in  second-hand 
articles  who  shall  have  or  receive  any  goods,  article  or  thing  lost  or 
stolen,  or  alleged  or  supposed  to  have  been  lost  or  stolen,  shall  ex- 
hibit the  same,  on  demand,  to  the  Mayor,  Chief  of  the  Bureau  of  Li- 
censes, any  Police  Officer,  or  Magistrate  of  the  City  of  New  York,  or 
any  person  duly  authorized,  in  writing,  by  any  of  said  authorities,  and 
who  shall  exhibit  such  written  authority  to  such  dealer. 

Sec.  346.  No  dealer  in  second-hand  articles,  while  licensed  as 
such,  shall  be  licensed  as  pawnbroker  or  junk  dealer  in  The  City  of 
New  York. 

8.  Peddlers. 

Sec.  347.  Any  person  hawking,  peddling,  vending  or  selling  mer- 
chandise in  the  streets  of  The  City  of  New  York  shall  be  deemed  to 
be  a  peddler,  and  shall  be  classified  as  follows:  A  peddler  using  a 
horse  and  wagon,  a  peddler  using  a  push  cart  and  a  peddler  carrying 
merchandise  in  business;  but  the  selling  of  newspapers  or  periodicals 
in  the  street  is  not  hereby  regulated  in  any  way. 

Sec.  348.  Any  vehicle  used  in  peddling  shall  show  on  each  outside 
thereof  the  words  "Licensed  Peddler,"  together  with  the  figures  of  its 
official  number,  and  any  peddler  duly  licensed  to  use  a  horse  and  wag- 
on ma}'  employ  two  persons  and  no  more  to  assist  in  selling  and  deliv- 
ering the  wares,  but  such  persons  shall  so  act  only  while  accompany- 
ing a  licensed  peddler. 

Any  person  owning  or  operating  a  farm  in  The  City  of  New 
York  and  selling  in  the  streets  of  said  City  produce  raised  on  such 
farm  shall  not  be  deemed  a  peddler  within  the  meaning  of  this  ordi- 
nance. Any  .such  person  may  make  application  to  the  Bureau  of 
Licenses  upon  affidavit  setting  forth  sufficient  facts  to  entitle  him  to 
this  exemption,  and  thereupon  shall  receive  a  certificate  thereof. 

9.    Ticket  Speculators. 

Sec.  349.  Any  person  selling  or  offering  to  sell  in  any  street  of 
The  City  of  New  York  any  ticket  of  admission  to  any  public  place  of 
amusement  for  any  price  shall  be  deemed  a  ticket  speculator,  and  no 
ticket  speculator  shall  sell  or  offer  for  sale  nor  shall  any  tickets  of 


ORDINANCES  OF  THE  CITY'OF  NEW  YORK 


admission  be  sold  on  the  sidewalk  in  front  of  the  entrance  to  any- 
place of  amusement. 

Sec.  350.  No  ticket  speculator  shall  deceive  any  purchaser  by  mis- 
stating or  misrepresenting  what  is  secured  to  the  purchaser  by  the 
ticket  sold,  under  a  penalty  of  not  less  than  $2  nor  more  than  $25  for 
each  offense. 

10.    Coal  Scalpers. 

Sec.  351.  Any  person  who  shall  sell,  peddle  or  vend  any  order 
or  permit  in  relation  to  the  freighting  of  coal  by  canal  boat  within 
The  City  of  New  York,  or  offer  so  to  do,  shall  be  deemed  to  be  a 
coal  scalper,  and  shall  give  a  bond  to  The  City  of  New  York,  with  two 
or  more  sufficient  sureties,  to  be  approved  by  the  Chief  of  the  Bureau 
of  Licenses,  in  the  penal  sum  of  $2,500,  conditioned  for  faithful  com- 
pliance with  Municipal  ordinances. 

11.    Common  Shows. 

Sec.  352.  A  common  show  shall  be  deemed  to  include  a  carousal, 
Ferris  wheel,  gravity  steeplechase  chute,  scenic  cave,  bicycle  carous- 
al, scenic  railway,  striking  machines,  switchback,  merry-go-round, 
puppet  show  ball-game,  and  all  other  shows  of  like  character,  but  not 
to  include  games  of  baseball,  or  to  authorize  gambling  or  any  games 
of  chance. 

12.    Shooting  Galleries. 

Sec.  353.  Any  shooting  gallery  in  a  place  open  to  the  public  and 
not  otherwise  licensed  shall  be  deemed  to  be  included  within  the  terms 
of  this  ordinance,  and  every  keeper  of  a  public  shooting  gallery  shall 
maintain  good  order  and  allow  no  person  under  sixteen  years  of  age 
to  shoot  therein. 

13.  Bowling  Alleys. 

Sec.  354.  Any  bowling  alley  in  a  place  open  to  the  public,  and 
not  otherwise  licensed  shall  be  deemed  to  be  included  within  the 
terms  of  this  ordinance,  and  every  keeper  of  a  public  bowling  alky 
shall  maintain  good  order  and  allow  no  person  under  sixteen  years 
of  age  to  bowl  therein. 

14.  Billiard  Tables. 

Sec.  355.  Any  pool  or  billiard  table  in  a  place  open  to  the  public 
and  not  otherwise  licensed  shall  be  deemed  to  be  included  within  the 
terms  of  this  ordinance,  and  every  keeper  of  a  public  place  where  there 
are  pool  or  billiard  tables  shall  maintain  good  order  and  allow  no 
person  under  sixteen  years  of  age  to  play  therein. 


76  ORDINANCES  OF  THE  CITY  OF  N*EW  YORK. 


15.    Dirt  Carts  and  Cartmen. 

Sec.  356.  Every  vehicle  of  whatever  description,  excepting  such 
as  shall  have  painted  thereon,  on  each  side,  the  name  and  address  of 
the  owner  thereof  in  plain  letters  and  figures  of  at  least  three  inches 
in  length,  used  in  carting  or  transporting  dirt,  sand,  gravel,  clay,  pav- 
ing stones,  ashes,  garbage  or  building  rubbish  within  The  City  of 
New  York  shall  be  deemed  a  dirt  cart.  Every  vehicle  of  whatever 
description,  whether  or  not  described  as  a  dirt  cart,  shall  be  furnished 
with  a  good  and  tight  box.  whereof  the  sides,  forepart  and  tailboard 
shall  be  at  least  18  inches  high,  and  of  sufficient  capacity  to  contain 
not  less  than  12  cubic  feet,  and  shall  be  securely  covered  when  loaded, 
so  as  to  prevent  the  contents  from  being  scattered  upon  the  streets. 

Sec.  357.  Every  dirt  cart  shall  show  on  each  outside  thereof  the 
words  "Dirt  Cart"  or  the  letters  "D.  C,"  together  with  the  figures  of 
its  official  number. 

16.  Exterior  Hoists. 
Sec.  358.  No  person  shall  hoist  anything  whatsoever  on  the  out- 
side of  a  building  from  the  street  into  any  loft  or  lower  anything  on 
the  outside  thereof  by  any  means  without  a  license  or  permit  there- 
for, and  giving  an  indemnity  bond  to  The  City  of  New  York,  with 
sufficient  surety,  approved  by  the  Mayor  or  Chief  of  the  Bureau  of 
Licenses. 

Sec.  359.  Any  one  generally  engaged  in  such  a  business  shall 
take  out  a  general  license  or  permit,  and  any  one  so  hoisting  in  front 
of  certain  premises  only  shall  take  out  a  special  license  or  permit 
therefor. 

Sec.  360.  It  shall  be  the  duty  of  any  person,  while  engaged  in 
such  hoisting  or  lowering  over  any  sidewalk,  roadway  or  public  place, 
to  give  warning  thereof  by  two  conspicuous  signs  displaying  the  word 
"Danger,"  in  letters  at  least  6  inches  long. 

Article  4 — Stands  Within  the  Stoop  Lines  and  Under  Elevated  Rail- 
road Stations. 

Sec.  361.  No  person  shall  have  or  use  any  bootblack  stand  outside 
of  any  building  in  The  City  of  New  York,  and  there  shall  be  no  booth 
or  stand  erected  or  maintained  within  the  stoop  lines  of  any  building 
or  under  the  stairs  of  the  elevated  railroad  stations  in  The  City  of 
New  York  without  first  procuring  a  license  therefor,  as  hereinafter 
provided;  and  any  person  so  doing  shall  be  deemed  guilty  of  n  mis- 
demeanor; and  upon  conviction  before  any  Magistrate  shall  be  fined 
by  said  Magistrate  not  less  than  $2  or  more  than  $10  for  each  of- 
fense, and  in  default  of  payment  of  such  fine  may  be  committed  to 
prison  by  such  Magistrate  until  the  same  be  paid;  but  such  imprison- 
ment shall  not  exceed  10  days. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  77 


Sec.  362.  All  licenses  for  bootblacks  and  stands  within  stoop 
lines  or  under  the  stairs  of  the  elevated  railroad  stations  in  The  City 
of  New  York  shall  be  granted  by  authority  of  the  Mayor,  and  issued 
by  the  Bureau  of  Licenses,  for  a  term  of  one  year  from  the  date  there- 
of, unless  sooner  suspended  or  revoked  by  the  Mayor  or  the  Chief  of 
said  Bureau,  with  the  approval  of  the  Mayor;  and  no  person  shall  be 
licensed  except  as  a  citizen  of  the  United  States  or  one  who  has  reg- 
ularly declared  intention  to  become  such  citizen,  and  the  time  to  ob- 
tain such  full  citizenship  has  not  yet  elapsed. 

Sec.  363.  Stands  within  stoop  lines  may  be  permitted  and  li- 
censed, with  the  consent  of  the  owner  of  the  premises  and  the  con- 
sent of  the  Alderman  of  the  district  in  which  said  stand  is  to  be 
located,  for  the  sale  of  newspapers,  periodicals,  fruits  and  soda  water 
and  the  blacking  of  boots,  and  no  bootblack  stand  shall  be  provided 
with  more  than  three  chairs.  All  such  stands  shall  be  classified,  and 
the  annual  license  fees  therefor  shall  be  fixed  and  collected  as  speci- 
fied in  the  schedule  following:  Stands  for  the  sale  of  newspapers, 
periodicals,  or  both,  $5;  stands  for  the  sale  of  fruits  or  soda  water,  or 
both,  $10;  stands  for  the  sale  of  newspapers,  periodicals,  or  both,  and 
in  addition  also  fruits  or  soda  water,  or  both,  $15;  bootblack  stands, 
each  chair,  $5. 

Sec.  364.  Every  such  stand  must  be  strictly  within  the  stoop  line 
and  shall  not  be  an  obstruction  to  the  free  use  of  the  sidewalk  by  the 
public,  and  shall  not  exceed  the  space  of  6  feet  long  by  4  feet  wide, 
except  that  in  the  case  of  bootblack  stands  a  space  of  not  more  than 
3  feet  wide  and  4  feet  long  may  be  occupied  by  each  chair  of  such 
stand.  The  construction  and  erection  of  all  stands  permitted  by  this 
ordinance  shall  be  at  the  expense  of  the  applicant  and  under  the  di- 
rection of  the  President  of  the  Borough  in  which  said  stand  is  lo- 
cated. No  person  shall  be  permitted  to  sleep  in  any  portion  of  the 
structure  or  hold  more  than  one  license.  The  Mayor,  or  Chief  of  the 
Bureau  of  Licenses,  shall  have  power  to  transfer  a  permit  or  license  to 
another  location  for  the  period  of  its  unexpired  term;  provided,  how- 
ever, that  the  application  for  such  transfer  shall  be  accompanied  by 
the  written  revocation  of  the  owner's  consent  previously  given  there- 
for, by  the  consent  of  the  owner  of  the  premises  to  which  the  pro- 
posed transfer  is  to  be  made  and  by  the  consent  of  the  Alderman  of 
the  district  in  which  said  premises  are  located. 

Sec.  365.  Any  person  desiring  to  erect  a  stand  or  booth  under- 
neath the  stairs  of  any  of  the  elevated  railroad  stations  in  The  City 
of  New  York  for  the  sale  of  newspapers  and  periodicals  shall  file  in 
the  Bureau  of  Licenses  an  application,  having  indorsed  thereon  the 
consent  of  the  Alderman  or  of  the  Local  Board  of  Improvements  of 
the  district  in  which  said  stand  or  booth  is  located,  in  which  the  ap- 
plicant shall  specify  the  location  desired  for  such  stand,  and  no  such 


78 


ORDINANCES. OF  THE  CITY  OK  NEW  YORK. 


stand  or  booth  or  any  projection  therefrom  shall  be  erected  which 
is  wider  than  the  width  of  the  stairs  under  which  it  is  placed  or 
which  extends  along  the  sidewalk  a  greater  distance  than  to  a  point 
where  the  under  surface  of  the  stairs  is  not  over  7  feet  from  the  level 
of  the  sidewalk;  and  said  stand  shall  be  constructed,  erected  and 
maintained  at  the  expense  of  the  applicant  and  under  the  direction 
of  the  President  of  the  Borough  in  which  such  stand  is  located,  upon 
plans  to  be  approved  by  the  Chief  Engineer  of  the  elevated  railroad 
company  affected,  so  as  to  permit  a  ready  removal  of  so  much  there- 
of as  may  be  necessary  to  enable  the  said  company,  its  agents  or  em- 
ployees, to  get  convenient  access  to  any  part  of  the  said  stairways 
tor  the  inspection,  painting  or  repairing  thereof,  and  shall  be  painted 
the  same  color  as  the  stairs  of  the  elevated  railroad,  and  no  adver- 
tisement shall  be  painted  or  displayed  thereon. 

Sec.  366.  Every  license  granted  pursuant  to  the  foregoing  sec- 
tion shall  contain  the  following  reservation:  "It  is  expressly  agreed 
and  understood  that  this  permit  is  given  subject  to  the  right  of  the 
elevated  railway  company  affected,  its  agents,  employees,  successors 
or  assigns,  or  the  owner  of  said  stairway,  at  any  time  properly  to  in- 
spect, paint,  repair,  renew,  reconstruct  or  remove  said  stairway,  for 
damages  to  or  interference  with  said  booth  or  stand,  or  the  business 
therein  conducted,  occasioned  by  such  inspection,  painting,  repair, 
renewal,  reconstruction  or  removal." 

Sec.  367.  The  licensee  shall  pay  for  such  a  stand  or  booth  under- 
neath the  stairs  of  the  elevated  railroad  stations  the  annual  license 
fee  of  $10. 

Sec.  368.  The  official  license  for  any  stand  or  booth  must  be 
displayed  thereon,  so  as  to  be  easily  visible  at  all  times. 

Sec.  369.  In  the  event  of  a  refusal  by  any  Alderman  of  the  con- 
sent required  by  the  foregoing  sections  363,  364  and  365,  the  appli- 
cant for  license  or  transfer  may  present  his  application  to  the  Board 
of  Local  Improvements  of  the  district  in  which  the  proposed  stand 
is  to  be  located,  and  by  vote  of  a  majority  of  the  members  elected, 
the  consent  of  the  said  Board  may  be  substituted  for  that  of  the  Al- 
derman. In  case  an  Alderman  fails  to  give  his  consent  as  aforesaid 
within  ten  days  after  he  has  received  the  application  for  license  or 
transfer.  such  failure  shall  be  deemed  to  be  a  refusal  within  the 
meaning  of  this  section. 

Sec.  370.  The  Chief  of  the  Bureau  of  Licenses  shall  have  the 
power  to  hear  and  determine  complaints  against  any  of  the  licensees 
hereunder,  and  impose  a  fine  of  $2  for  any  violation  of  the  regulations 
herein  provided,  and  subject  to  the  approval  of  the  Mayor,  shall  have 
power  to  suspend  the  license  pending  payment  of  such  line.  All  such 
tines  when  collected  shall  be  paid  into  the  Sinking  Fund  for  the  Re- 
demption of  the  City  Debt. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  70 


Sec.  371.  The  Chief  of  the  Bureau  of  Licenses  of  The  City  of 
New  York  shall  furnish  to  the  Police  Board  of  said  City  a  list  of  un- 
expired licenses  and  permits,  such  list  to  contain  the  names  of  tin- 
persons  to  whom  licenses  were  issued,  the  place  ,  and  business  for 
which  issued,  and  the  date  of  expiration  of  such  license  or  permit 
and  thereafter,  during  the  first  week  of  each  month,  the  said  Police 
Board  shall  send  to  the  Captains  of  Police  of  the  various  precincts 
of  The  City  of  New  York  a  list  of  licenses  and  permits  granted  af- 
fecting their  respective  precincts,  with  the  names  of  persons  to  whom 
granted,  location  of  stand  or  business,  and  date  of  expiration  of  such 
permit  or  license  and  also  a  list  of  all  licenses  or  permits  expiring  the 
month  for  which  the  report  is  sent. 

Sec.  372.  Upon  a  written  revocation  by  the  owner  or  owners  in 
front  of  or  adjoining  whose  property  any  such  booth  or  stand  shall 
have  been  erected,  of  any  consent  which  shall  have  been  given  there- 
for, signed  by  such  owner  or  owners  and  filed  in  the  office  of  the 
Mayor,  it  shall  be  the  duty  of  the  Mayor  to  revoke  the  license  or  per- 
mit for  such  booth  or  stand  and  the  same  shall  thereupon  cease,  de- 
termine and  become  nujl  and  void. 

Title  3 — General  Regulations  and  Complaints. 

Sec.  373.  All  license  fees  received  by  the  Bureau  of  Licenses 
shall  be  regularly  paid  over  to  the  City  Treasury,  except' the  license 
fees  received  from  hackmen,  dealers  in  junk  and  second-hand  articles, 
and  for  stands  within  stoop  lines,  which  shall  be  paid  into  the  Sink- 
ing Fund  for  the  Redemption  of  the  City  Debt. 

Sec.  374.  The  Mayor  shall  have  power  to  appoint  Inspectors  in  . 
the  Bureau  of  Licenses  to  see  that  the  provisions  of  this  ordinance 
are  fully  and  properly  complied  with;  and  all  licensed  vehicles  and 
places  of  business  shall  be  regularly  inspected,  and  the  result  of  such 
inspection  shall  be  indorsed  on  the  official  license  therefor,  together 
with  the  date  of  inspection  and  the  signature  of  the  Inspector,  and  all 
inspections  shall  be  regularly  reported  to  the  Bureau  of  Licenses. 

Sec.  375.  Every  license  shall  have  the  official  license  and  ex- 
hibit the  same  upon  the  demand  of  any  person;  and  shall  report  with- 
in three  days  to  the  Bureau  of  Licenses  any  change  of  residence  or 
place  of  business;  and  shall  at  all  times  perform  the  public  duties 
of  the  business  licensed  when  called  upon  so  to  do,  if  not  actually 
unable. 

Sec.  376.  All  words,  letters  and  numbers  hereinbefore  prescribed 
for  licensed  vehicles  shall  be  shown  permanently  and  conspicuously 
on  each  outside  thereof  in  colors  contrasting  strongly  with  back- 
ground, and  not  less  than  2  inches  high,  as  directed  and  approved 
by  the  Mayor  or  Chief  of  the  Bureau  of  Licenses,  and  shall  be  kept 
legible  and  plainly  visible  at  all  times  during  the  term  of  the  license; 


8o  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


and  shall  be  obliterated  or  erased  upon  change  of  ownership  or  ex- 
piration of  the  license;  and  no  person  shall  have  or  use  any  vehicle 
with  words,  letters  or  numbers  thereon  like  those  herein  prescribed 
for  licensed  vehicles  without  being  duly  licensed  therefor. 

Sec.  377.  Every  licensed  hackman,  whenever  with  a  hack  or 
waiting  for  employment  anywhere  in  The  City  of  New  York;  every 
licensed  peddler  while  peddling;  every  person  while  using  a  licensed 
junk  cart  or  boat,  and  every  licensed  ticket  speculator  while  acting 
as  such,  shall  wear  conspicuously  on  the  left  breast  of  the  outer  coat 
a  metal  badge,  of  a  shape,  size  and  style  approved  by  the  Mayor  or 
Chief  of  the  Bureau  of  Licenses,  and  furnished  by  said  Bureau,  hav- 
ing engraved  or  embossed  thereon  the  official  designation  and  num- 
ber of  the  license,  together  with  the  words  "New  York  City." 

Sec.  378.  The  Chief  of  the  Bureau  of  Licenses,  or  Deputy  Chief, 
shall  have  power  to  hear  and  determine  complaints  against  licensees 
hereunder  and  impose  a  fine  of  not  more  than  $5  or  less  than  $1 
for  any  violation  of  the  regulations  herein  provided,  subject  to  the 
approval  of  the  Mayor,  who  shall  have  power  to  suspend  the  license 
pending  payment  of  such  fine.  All  such  fines,  when  collected,  shall 
be  paid  into  the  Sinking  Fund  for  the  Redemption  of  the  City  Debt. 

Title  4 — Violations. 

Sec.  379.  Except  as  hereinbefore  or  otherwise  provided,  no  person 
shall  violate  any  of  the  regulations  of  this  ordinance  under  a  penalty 
of  not  less  than  $2  or  more  than  $10  for  each  offense.  No  such  viola- 
tion shall  be  continued  under  a  penalty  of  $1  for  each  day  so  con- 
tinued. Any  person  engaging  in  or  carrying  on  any  business  herein 
regulated  without  a  license  therefor,  or  any  person  violating  any  of 
the  regulations  of  this  ordinance  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  by  any  Magistrate,  either  upon 
confession  of  the  party  or  competent  testimony,  may  be  fined  not 
more  than  two  dollars  ($2)  for  each  offense,  and  in  default  of  pay- 
ment of  such  fine  may  be  committed  to  prison  by  such  Magistrate 
until  the  same  be  paid;  but  such  imprisonment  shall  not  exceed  ten 
days. 

CHAPTER  8— WEIGHTS  AND  MEASURES. 

Sec.  380.  There  shall  be  a  Mayor's  Bureau  of  Weights  and 
Measures' in  The  City  of  New  York,  in  charge  of  an  Inspector  of 
Weights  and  Measures,  to  be  appointed  by  the  Mayor  and  removable 
by  him  at  his  pleasure,  who  shall  be  paid  a  salary  of  $2,500  per  annum. 
The  Sealers  and  Inspectors  of  Weights  and  Measures  shall  hereafter 
be  known  as  Deputy  Inspectors  of  Weights  and  Measures,  and  they 
and  their  successors  shall  each  receive  a  salary  of  $1,500  per  annum 
and  be  removable  by  the  Mayor  at  his  pleasure. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  81 


Sec.  381.  The  present  Sealers  and  Inspectors  of  Weights  and 
Measures  shall  continue  to  hold  office  as  Deputy  Inspectors  of  Weights 
and  Measures.  Any  vacancy  which  shall  hereafter  occur  shall  be 
filled  by  appointment  by  the  Mayor. 

Sec.  382.  Said  Inspector  and  each  of  said  Deputy  Inspectors  of 
Weights  and  Measures  shall,  before  entering  upon  the  duties  of  his 
office,  execute  to  The  City  of  New  York  a  bond,  with  one  or  more 
sufficient  sureties  to  be  approved  by  the  Mayor,  in  the  penal  sum  of 
$2,000,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office. 

Sec.  383.  All  persons  using  weights  and  measures,  scale  beams, 
patent  balances,  steelyards  or  any  other  instrument  in  weighing  or 
measuring  any  article  intended  to  be  purchased  or  sold  in  The  City 
of  New  York,  shall  cause  the  same  to  be  sealed  and  marked  by  a 
Deputy  Inspector  of  Weights  and  Measures  of  said  City. 

Sec.  384.  Any  person  who  shall,  in  weighing  or  measuring  any 
article  for  purchase  or  sale  within  The  City  of  New  York,  use  any 
weight,  measure,  scale  beam,  patent  balance,  steelyard  or  other  in- 
strument not  sealed  and  marked  as  herein  required,  shall  forfeit  and 
pay  the  sum  of  $50  for  each  and  every  offense. 

Sec.  385.  All  weights,  measures,  scale  beams,  patent  balances, 
steelyards  and  other  instruments  for  weighing,  to  be  sealed  and 
-adjusted  by  a  Deputy  Inspector  of  Weights  and  Measures  in  The 
City  of  New  York,  shall  be  made  to  conform  to  the  standard  of  the 
State,  and  shall  be  marked  by  him  with  the  initials  of  his  name  and 
the  date  on  which  the  same  shall  be  sealed  and  marked. 

Upon  the  written  request  of  any  resident  of  The  City  of  New 
Y'ork,  the  Inspector  of  Weights  and  Measures  shall  test  or  cause  to 
be  tested,  within  a  reasonable  time  after  the  receipt  of  such  request, 
the  weights,  measures,  scale  beams,  patent  balances,  steelyards  or 
other  instruments  used  in  buying  or  selling  by  the  person,  firm  or 
corporation  designated  in  such  request. 

Sec.  386.  If  any  person  shall  use,  in  The  City  of  New  York,  in 
weighing  or  measuring,  as  aforesaid,  any  weight,  measure,  scale  beam, 
patent  balance,  steelyard  or  other  instrument,  which  shall  not  con- 
form to  such  standard,  or  shall  use  in  weighing  aforesaid,  any  scale 
beam,  patent  balance,  steelyard  or  other  instrument  which  shall  be 
•out  of  order  or  incorrect,  or  which  shall  not  balance,  he,  she  or  they 
shall  forfeit  and  pay  for  every  offense  the  sum  of  $25. 

Sec.  387.  The  Inspector  shall  keep  a  register  of  the  name  of  each 
person,  firm  or  corporation  whose  weights,  measures,  scale  beams, 
patent  balances,  steelyards  or  other  instruments  have  been  inspected, 
together  with  the  number  and  size  of  same,  and  what  of  each  was 
approved  and  what  condemned,  with  the  date  of  inspection,  and  such 


82 


ORDINANCES  OF  THE  CIT.V  OF  NEW  YORK 


record  shall  be  open  to  the  inspection  of  the  public  at  all  reasonable 
times. 

Sec.  388.  No  person  shall  sell  or  offer  for  sale  in  any  market 
or  in  the  public  streets  or  in  any  other  place  in  The  City  of  New 
York  any  fruits,  vegetables  or  berries  in  crates,  baskets  or  other 
measures,  or  any  butter  in  prints,  or  any  ice  or  coal  or  other  fuel  at  or 
for  a  greater  weight  or  measure  than  the  true  measure  thereof;  and 
all  ice,  coal,  coke,  meats,  poultry  and  provisions  (except  vegetables 
sold  by  the  head  or  bunch)  of  every  kind,  sold  in  the  streets  or  else- 
where in  The  City  of  New  York,  shall  be  weighed  or  measured  by 
scales,  measures  or  balances,  or  in  measures  duly  tested  and  stamped 
by  the  Inspector  or  Deputy  Inspectors  of  Weights  and  Measures; 
provided,  that  poultry  may  be  offered  for  sale  and  sold  in  other  manner 
than  by  weight,  but  in  all  cases  where  the  persons  intending  to  pur- 
chase shall  so  desire  and  request,  poultry  shall  be  weighed  as  here- 
inbefore provided. 

Sec.  389.  Any  weights  or  scales  found  by  the  Deputy  Inspector 
in  use  in  any  market  or  in  the  public  streets,  which  upon  being  tested 
are  found  to  be  short  in  weight  by  one-quarter  of  a  pound  or  upwards, 
may  be  summarily  confiscated  and  destroyed. 

Sec.  390.  No  person  shall  sell  or  supply  any  coal  or  coke  within 
the  limits  of  The  City  of  New  York  unless  there  shall  be  delivered 
to  the  person  in  charge  of  the  wagon  or  conveyance  used  in  such 
delivery  a  certificate  duly  signed  by  the  person  selling  such  fuel,  show- 
ing the  weight  of  the  fuel  proposed  to  be  delivered,  the  weight  of 
the  wagon  or  conveyance  used  in  such  delivery,  the  total  weight  of 
fuel  and  conveyance  and  the  name  of  the  purchaser. 

Sec.  391.  No  person  in  charge,  of  a  wagon  or  conveyance  used 
in  delivering  coal,  coke  or  other  fuel,  to  whom  the  certificate  men- 
tioned in  the  previous  section  has  been  given  shall  neglect  or  refuse 
to  supply  such  certificate  to  the  Inspector  or  Deputy  Inspector  of 
Weights  and  Measures,  or  to  any  person  designated  by  cither  of  them, 
or  to  the  purchaser  or  intending  purchaser  of  the  fuel  being  delivered: 
and  when  the  said  officer  or  person  so  designated,  or  the  intending 
purchaser,  shall  demand  that  the  weight  shown  by  the  certificate  be 
verified,  it  shall  be  the  duty  of  the  person  delivering  such  fuel  to 
convey  the  same  forthwith  to  some  public  scale  in  the  district,  or  to 
any  private  scale,  the  owner  whereof  shall  consent  to  such  use,  and 
permit  the  verifying  of  the  weight  shown,  and  shall  after  the  delivery 
of  such  fuel  return  forthwith  with  the  wagon  or  conveyance  used  to 
the  same  scale  and  verify  the  weight  of  said  wagon  or  conveyance. 

Sec.  392.  It  shall  be  the  duty  of  the  Deputy  Inspectors  of  Weights 
and  Measures,  and  each  of  them  is  hereby  authorized,  to  inspect,  ex- 
amine, test  and  seal,  at  least  once  in  each  year,  and  as  much  oftener 
as  the  Inspector  of  Weights  and  Measures  may  deem  proper,  the 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


weights,  measures,  scale  beams,  patent  balances,  steelyards  and  other 
instruments  used  in  The  City  of  New  York  in  weighing  and  measuring 
as  aforesaid. 

Sec.  303.    Xo  person  shall  refuse  to  exhibit  any  weights,  tneas 
ures,  scale  beams,  patent  balances,  steelyards  or  other  instruments 
to  any  of  said  Inspectors  for  the  purpose  of  being  so  inspected  and 
examined,  under  the  penalty  of  $25  for  every  such  offense. 

Sec.  394.  No  person  shall  in  any  way  or  manner  obstruct,  hinder 
or  molest  any  Inspector  of  Weights  and  Measures  in  the  performance 
of  his  duties  as  hereby  imposed  upon  him.  under  a  penalty  upon 
every  such  person  of  $25  for  every  such  offense. 

Sec.  395.  All  weights,  scale  beams,  patent  balances,  steelyards 
and  other  instruments  used  for  weighing  shall  be  inspected  and  sealed 
at  the  stores  and  places  where  the  same  may  be  used;  but  in  ca>e 
they  or  any  oj  them  shall  be  found  not  to  conform  to  the  standard  of 
this  State,  the  owner  thereof  shall  within  five  days,  at  his  expense, 
have  the  same  so  altered  and  repaired  as  to  conform  to  the  standard 
of  the  State,  under  the  penalty  of  $10  for  such  neglect. 

Sec.  396.  It  shall  be  the  duty  of  each  of  the  said  Inspectors  to 
make  a  record  and  certificate  as  hereinafter  provided  of  all  the  weights, 
measures,  scale  beams,  patent  balances,  steelyards  and  other  instru- 
ments used  for  weighing  and  measuring  inspected  by  him.  in  which 
he  shall  state  the  names  of  the  owners  of  the  same,  and  whether  they 
are  conforming  to  the  standard  of  the  State. 

Sec.  397.  It  shall  be  the  duty  of  the  Deputy  Inspectors  of  Weights 
and  Measures  to  report  promptly  to  the  Inspector  of  Weights  and 
Measures  the  names-  of  all  persons  whose  weights,  measures  and 
other  instruments  for  weighing  and  measuring  shall  be  found  to  be 
incorrect. 

Sec.  398.  It  shall  also  be  the  duty  of  said  Deputy  Inspectors  to 
file  monthly  reports  \yjth  the  Inspector  of  Weights  and  Measures,  and 
to  make  such  other  and  further  reports  and  keep  such  further  records 
as  may  be  required  from  time  to  time  by  said  Inspector. 

Sec.  399.  It  shall  be  the  duty  of  the  Inspector  of  Weights  and 
Measures  to  report  forthwith  to  the  Corporation  Counsel  the  names 
and  places  of  business  of  all  persons  violating  any  of  the  provisions 
of  this  chapter,  and  of  all  persons  making  use  of  any  fraudulent  or 
unsealed  weights,  measures,  scales  or  other  instruments  for  weighing 
or  measuring. 

Sec.  400.  It  shall  not  be  lawful  for  the  said  Inspector  or  Deputy 
Inspcctors  to  vend  any  weights,  scale  beams,  patent  balances,  steel- 
yards or  other  instruments  to  be  used  for  weighing  or  measuring,  or 
to  offer  or  expose  the  same  for  sale  in  The  City  of  Xew  York,  under 
the  penalty  of  $50  for  every  such  offense. 


84  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  401.  Each  Deputy  Inspector  shall  give  a  certificate  to  the 
owner  of  the  weights  or  measures  inspected,  and  shall  keep  a  record 
of  such  certificate  given  on  a  corresponding  stub.  These  certificates 
and  corresponding  stubs  shall  be  numbered  consecutively.  The  books 
containing  the  stubs,  after  the  corresponding  certificates  have  been 
given  out,  shall  become  a  public  record.  The  Inspector  shall  be  au- 
thorized, when  required,  to  certify  extracts  from  these  records. 

Sec.  402.  All  complaints  against  Deputy  Inspectors  of  Weights 
and  Measures  shall  be  lodged  with  the  Inspector  of  Weights  and 
Measures,  and  by  him  reported,  with  his  recommendation  thereon,  to 
the  Mayor  for  his  final  action. 

Sec.  403.  The  Deputy  Inspectors  shall  be  assigned  for  service 
by  the  Inspector  to  such  district  as  he  may  deem  proper.  Whenever 
any  Deputy  Inspector  shall  resign  or  be  removed  from  office,  it  shall 
be  his  first  duty  to  deliver  at  the  office  of  the  Inspector  of  Weights 
and  Measures  all  the  standard  weights  and  measures  and  other  official 
property  in  his  possession. 

CHAPTER  9— CLEANING  STREETS  AXD  SIDEWALKS. 

Sec.  404.  No  person  or  persons  shall  throw,  cast  or  lay,  or 
direct,  suffer  or  permit  any  servant,  agent  or  employee  to  throw,  cast 
or  lay  any  ashes,  offal,  vegetables,  garbage,  dross,  cinders,  shells, 
straw,  shavings,  paper,  dirt,  filth,  or  rubbish  of  any  kind  whatsoever 
in  any  street  in  The  City  of  New  York,  either  upon  the  roadway  or 
sidewalk  thereof,  except  that  in  the  morning  before  8  o'clock  or  before 
the  first  sweeping  of  the  roadway  by  the  Department  of  Street  Clean- 
ing in  the  Boroughs  of  Manhattan,  Brooklyn  and  The  Bronx,  dust 
from  the  sidewalk  may  be  swept  into  the  gutter,  if  there  piled,  but 
not  otherwise,  and  at  no  other  time. 

The  wilful  violation  of  any  of  the  foregoing  provisions  of  this 
section  shall  be  and  is  hereby  declared  a  misdemeanor,  and  shall  be 
punished  by  a  fine  of  not  less  than  $1  nor  more  than  $10,  or  by  impris- 
onment for  a  term  of  not  less  than  one  nor  more  than  five  days. 

Sec.  405.  No  persons  other  than  an  authorized  employee  or  agent 
of  the  Department  of  Street  Cleaning,  or  the  Bureau  of  Street  Clean- 
ing in  the  Boroughs  of  Queens  or  Richmond,  shall  disturb  or  remove 
any  ashes,  garbage  or  light  refuse  or  rubbish  placed  by  householders, 
or  their  tenants,  or  by  occupants  or  their  servants,  within  the  stoop  or 
area  line,  or  in  front  of  houses  or  lots,  for  removal,  unless  requested 
by  residents  of  house. 

Sec.  406.  All  persons  and  corporations  engaged  in  sprinkling  the 
streets,  lanes  or  highways  of  The  City  of  New  York  shall  be  required 
to  contract  with  the  Commissioner  of  Water  Supply,  Gas  and  Elec- 
tricity for  the  purchase  and  sale  of  the  water  necessary  therefor,  and 


ORDINANCES  OF  THE  CITY  OF  XKW  YORK.  8s 


obtain  the  approval  of  the  President  of  the  Borough  to  such  contract,, 
but  in  no  case  shall  there  be  contracted  for  or  used  more  water  than 
shall  be  sufficient  to  thoroughly  lay  the  dust  on  such  streets,  lanes- 
and  highways. 

Every  street  railroad  corporation  in  the  Boroughs  of  Richmond 
and  Queens  shall  sprinkle  the  pavement  between  its  tracks  and  rails 
when  and  as  often  as  directed  so  to  do  by  the  Superintendent  of 
Highways.  Water  shall  be  furnished  for  the  purpose  free  of  charge 
by  The  City  of  New  York. 

Sec.  407.  No  one  being  the  owner,  driver,  manager  or  conductor 
of  any  cart  or  other  vehicle,  or  of  any  receptacle,  shall  scatter,  drop* 
or  spill,  or  permit  to  be  scattered,  dropped  or  spilled,  any  dirt,  sand, 
gravel,  clay,  loam,  stone  or  building  rubbish,  or  hay.  oats,  sawdusts 
shavings,  or  other  light  materials  of  any  sort,  or  manufacturing,  trade- 
or  household  waste,  refuse,  rubbish  of  any  sort,  or  ashes  or  manure., 
garbage  or  other  organic  refuse  or  other  offensive  matter  therefrom., 
or  permit  the  same  to  be  blown  off  therefrom  by  the  wind,  in  or  upon 
any  street,  avenue  or  public  place. 

Sec.  408.  No  person  shall  throw,  cast  or  distribute  in  or  upon 
any  of  the  streets,  avenues  or  public  places,  or  in  front  yards  or  stoops,, 
any  hand  bills,  circulars,  cards  or  other  advertising  matter  whatsoever- 
Sec.  409.  Every  owner,  lessee,  tenant,  occupant,  or  other  person 
having  charge  of  any  building  or  lot  of  ground  in  the  City,  abutting 
upon  any  street,  avenue  or  public  place  where  the  sidewalk  is  paved, 
shall,  within  four  hours  after  the  snow  ceases  to  fall,  or  after  the 
deposit  of  any  dirt  or  other  material  upon  said  sidewalk,  remove  the- 
snow  and  ice.  dirt  or  other  material  from  the  sidewalk  and  gutter.  th< 
time  between  9  p.  m.  and  7  a.  m.  not  being  included  in  the  above  period 
of  four  hours;  provided,  however,  that  such  removal  shall  in  all  such 
cases  be  made  before  the  removal  of  snow  and  ice  from  the  roadway 
by  the  Commissioner  of  Street  Cleaning,  or  by  the  Borough  President 
of  Queens  or  Richmond,  or  suoject  to  the  regulations  of  said  Com- 
missioner of  Street  Cleaning  or  of  said  Borough  President  of  Queens 
or  Richmond,  for  the  removal  of  snow  and  ice,  dirt  and  other  material,, 
except  that  in  the  Boroughs  of  Queens  and  Richmond  any  owner,, 
lessee,  tenant  or  occupant  or  other  person  who  has  charge  of  any 
ground  abutting  upon  any  paved  street,  avenue  or  public  place  for  a 
linear  distance  of  500  feet  or  more,  shall  be  considered  to  have  com- 
plied with  this  ordinance  if  such  person  shall  have  begun  to  remove  the- 
snow  and  ice  from  the  sidewalk  and  gutter  before  the  expiration  oF 
the  said  four  hours,  and  shall  continue  such  removal  and  shall  com- 
plete it  within  a  reasonable  time. 

Sec.  410.  In  case  the  snow  and  ice  on  the  sidewalk  shall  be  frozen 
so  hard  that  it  cannot  be  removed  without  injury  to  the  pavement,  the- 


86 


ORDINANCES  OK  THE  CITY  OF  NEW  YORK 


owner,  lessee,  tenant,  occupant  or  other  person  having  charge  of  any 
building  or  lot  of  ground  as  aforesaid,  shall,  within  the  tim.e  specified 
in  the  last  preceding  section,  cause  the  sidewalk  abutting  on  the  said 
premises  to  be  strewed  with  ashes,  sand,  sawdust,  or  some  similar 
suitable  material,  and  shall.,  as  soon  thereafter  as  the  weather  shall 
permit,  thoroughly  clean  said  sidewalk. 

Sec.  411.  An>-  and  all  contractors,  or  any  other  person  or  persons, 
no  matter  how  termed,  are  hereby  forbidden,  restrained  and  are  never 
to  be  permitted  to  dump,  throw,  empty,  convey  or  cause  to  be  con- 
veyed for  the  purpose  of  dumping,  any  snow,  ice  or  water  in  a  vacant 
lot  of  land,  if  such  lot  or  tract  of  land  be  within  a  radius  of  300  feet 
of  a  dwelling,  factory,  school,  any  public  building  or  any  place  of 
business. 

Sec.  41 2.  No  person  shall  throw,  place  or  pile,  or  assist  others 
in  throwing,  placing  or  piling  any  snow,  ice  or  other  impediment  or 
obstruction  to  the  running  of  the  cars  of  any  city  railroad  company, 
upon  the  tracks  of  such  company,  or  in  the  space  between  the  rails 
thereof,  or  in  the  space  between  the  tracks,  and  a  line  distant  3  feet 
outside  of  such  rails,  under  a  penalty  of  $10  for  each  offense. 

Sec.  413.  Every  person  who  shall  throw,  expose  or  place,  or  who 
shall  cause  or  procure  to  be  thrown,  exposed  or  placed  in  or  upon 
any  street,  highway  or  public  place,  except  upon  the  curves,  crossings 
or  switches  of  railroad  tracks,  any  salt,  saltpetre  or  other  substance  for 
the  purpose  of  dissolving  any  snow  or  ice  which  may  have  fallen  or 
been  deposited  thereon,  shall  be'  guilty  of  a  misdemeanor.  It  shall 
not  be  lawful  for  any  person  to  throw  or  place  upon  the  curves,  cross- 
ings or  switches  of  railroad  tracks  any  salt,  saltpetre  or  other  sub- 
stances for  the  purpose  of  dissolving  snow  or  ice,  unless  permission 
therefor  be  first  obtained  from  the  respective  Borough  Presidents. 

Sec.  414.  Whenever  any  owner,  lessee,  tenant,  occupant  or  other 
person,  having  charge  of  any  building  or  lot  of  ground  abutting  upon 
any  street  or  public  place  where  the  sidewalk  is  paved  shall  fail  to 
-comply  with  the  provisions  of  any  ordinance  of  the  City  for  the  re- 
moval of  snow  and  ice,  dirt  or  other  material  from  the  sidewalk  and 
gutter  in  the  street,  on  the  side  of  the  street  on  which  such  building 
or  lot  abuts,  the  Commissioner  of  Street  Cleaning  or  the  Borough 
President  of  Queens  or  Richmond  may  cause  such  removal  to  be  made, 
meeting  such  expense  from  any  suitable  street  cleaning  or  highway 
fund  and  thereafter  the  expense  of  such  removal  as  to  each  particular 
lot  of  ground  shall  be  ascertained  and  certified  by  the  said  Commis- 
sioner of  Street  Cleaning  or  by  the  President  of  Queens  or  Richmond, 
to  the  Comptroller  of  the  City,  and  the  Board  of  Estimate  and  Appor- 
tionment may  authorize  such  additional  expenditures  as  may  be  re- 
quired for  the  said  removal  of  such  ice  and  snow,  dirt  or  other  material. 


ORDINANCES  OK  THE  CITY  OF  NEW  YORK. 


87 


to  be  repaid  to  the  fund  from  which  the  payments  were  made,  or 
instead,  in  the  Boroughs  of  Queens  or  Richmond  to  the  special  furi(f 
Restoring  and  Repaying  in  said  boroughs  if  the  Presidents  of  these 
boroughs  so  elect,  with  proceeds  from  the  issue  and  sale  of  Revenue 
Bonds  which  shall  be  sold  by  the  Comptroller,  as  provided  by  law. 

The  Commissioner  of  Street  Cleaning  or  Borough  Presidents  of 
Queens  or  Richmond  shall,  as  soon  as  possible,  after  the  work  is  done, 
certify  to  the  Corporation  Counsel  the  amount  of  expense  chargeable 
against  each  piece  of  property. 

The  Corporation  Counsel  is  hereby  directed  and  authorized  to 
sue  for  and  recover  the  amount  of  this  expense,  together  with  three 
(3)  dollars  penalty  for  each  offense,  and  when  so  recovered  tin- 
amount  shall  be  turned  over  to  the  City  Chamberlain  to  be  deposited 
to  the  credit  of  the  General  Fund  of  the  City  of  New  York  for  the 
redemption  of  taxation. 

Sec.  415.  It  shall  be  the  duty  of  the  Commissioner  of  Street 
Cleaning  and  the  Borough  Presidents  of  Queens  and  Richmond,  imme- 
diately after  every  snowfall  or  the  formation  of  ice  on  the  crosswalks 
or  in  the  culverts  or  paved  streets,  avenues  or  public  places,  forthwith 
to  cause  the  removal  of  said  snow  and  ice  from  the  said  crosswalks  and 
culverts,  and  to  keep  the  crosswalks  and  culverts  aforesaid  clean  and 
free  from  obstruction. 

Sec.  416.  Every  street  railroad  corporation  shall  remove  all  the 
snow  and  ice  from  its  tracks  and  the  spaces  between,  and  shall  not 
throw  the  same  on  either  side  thereof,  and  shall  immediately  carry 
away  and  dispose  of  the  same  under  the  direction  of  the  Commis- 
sioner of  Street  Cleaning,  or  the  Borough  President  of  Queens  or 
Richmond  under  a  fine  of  $100  for  every  City  block  in  length  in 
which  the  said  corporation  shall  fail  to  so  remove  and  dispose  of  tin- 
same,  as  aforesaid;  provided,  however,  that  for  the  more  speedy  and 
effective  removal  of  snow  and  ice  from  the  paved  streets,  avenues 
and  public  places  of  the  City,  the  ^Commissioner  of  Street  Cleaning 
and  the  Borough  Presidents  of  Queens  and  Richmond  shall  have 
power  and  authority  in  their  respective  boroughs  to  enter  into  agree- 
ments for  the  entire  winter  season,  or  part  thereof,  with  any  stret  r 
surface  railroad  or  other  railroad  having  tracks  in  the  City  for  the 
removal  of  snow  and  ice  for  the  entire  width  of  the  street,  avenue  or 
public  place,  from  house-line  to  house-line,  at  any  part  of  the  route 
of  the  said  railroad,  providing  that  nothing  in  said  agreements  shal^ 
be  inconsistent  with  any  law  of  the  State  of  New  York  or  with  any 
right  of  The  City  of  New  York. 

Sec.  417.  It  shall  not  be  lawful  for  any  surface  railroad  company 
or  other  company,  or  any  corporation  or  person  whatever,  or  the 
officers,  agents  or  servants  thereof,  to  cause  or  allow  any  snow  plow, 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


sweeping  machine  or  other  similar  instrument  to  pass  over  the  tracks 
or  lines  used  by  them  within  the  limits  of  the  City  unless  by  written 
permit  of  the  Commissioner  of  Street  Cleaning  or  the  Borough  Pres- 
ident of  Queens  or  Richmond;  any  violation  of  this  section  shall  be 
punished  by  a  fine  not  exceeding  $100  for  each  offense. 

No  such  permit  or  renewal  thereof  shall  be  granted  except  upon 
the  condition  and  agreement  upon  the  part  of  the  company  applying 
for  such  permit  or  renewal  that  the  party  to  whom  the  said  permit 
has  been  granted  shall  and  will,  at  his  own  expense,  promptly  remove 
and  carry  away  the  snow  thrown  up  by  such  plow  or  machine,  and 
that  such  snow  plow.,  sweeping  machine  or  other  instrument  shall 
be  so  constructed  as  not  to  throw  any  slush  or  snow  upon  the  side- 
walks or  buildings,  under  a  penalty  of  $10  for  every  house  or  side- 
walk in  front  thereof  upon  which  the  slush  or  snow  shall  be  thrown. 

No  such  permit  or  renewal  shall  be  granted  unless  the  party  to 
whom  granted  shall  expressly  covenant,  stipulate  and  agree  that  in 
•case  of  its  failure,  neglect  or  omission  to  promptly  remove  and  carry 
.away  the  snow  and  ice  thrown  up  by  such  snow  plow  or  other  instru- 
ment, then  the  same  may  be  removed  under  the  direction  of  the 
•Commissioner  of  Street  Cleaning  or  the  Borough  President  of  Queens 
or  Richmond,  and  the  expense  of  removing  the  same  shall  be  paid  by 
the  said  party  to  the  said  Commissioner  or  the  Boruogh  President 
of  Queens  or  Richmond,  on  demand,  and  the  Board  of  Estimate  and 
Apportionment  may  authorize  that  the  amount  or  amounts  of  money 
so  paid  shall  be  credited  to  the  appropriation  for  street  cleaning,  in  the 
respective  boroughs,  for  the  removal  of  snow  and  ice;  but  nothing 
"herein  contained  shall  be  deemed  to  prohibit  said  Commissioner  or 
Borough  President  from  demanding,  before  issuing  said  permit,  and  as 
.a  condition  thereof,  the  deposit  of  such  a  sum  of  money  or  other 
security  as  in  their  judgment  may  be  necessary  to  pay  the  cost  of 
properly  performing  the  work  above  mentioned,  together  with  the 
■expense  of  the  inspection  thereof. 

In  case  of  neglect  or  refusal  or  omission  of  the  party  to  whom 
such  permit  may  be  granted  promptly  to  remove  and  to  carry  away 
the  snow  and  ice  thrown  up  by  such  plow  or  other  instrument,  then 
the  Commissioner  of  Street  Cleaning  or  the  Borough  President  of 
Queens  or  Richmond  may  forthwith  cause  the  same  to  be  removed 
at  the  public  expense,  and  all  expenditures  made  or  incurred  therefor 
shall  be  chargeable  upon  the  party  so  neglecting,  refusing  or  omitting 
to  perform  its  agreement,  and  shall  be  recoverable  at  an  action  at 
law  on  behalf  of  The  City  of  New  York,  and  when  so  recovered  shall 
be  placed  to  the  credit  of  the  Department  of  Street  Cleaning  or  the 
Bureau  of  Street  Cleaning  in  the  Boroughs  of  Queens  and  Richmond, 
.as  the  case  may  be.  to  supply  the  deficiency  occasioned  by  such  addi- 
tional expenditure. 


ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK 


89 


Sec.  418.  Any  person  violating  any  provision  or  regulation  hereof 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
by  any  magistrate,  either  upon  confession  of  the  party  or  competent 
testimony,  may  be  fined  for  such  offense  any  sum  not  less  than  $1  and 
not  exceeding  $3.  except  as  herein  otherwise  provided;  and  in  default 
of  payment  of  such  fine  may  be  committed  to  prison  by  such  magis- 
trate until  the  same  be  paid,  but  such  imprisonment  shall  not  exceed 
one  day. 

CHAPTER    10— SALE,    USE    AXD    TRANSPORTATION  OF 

EXPLOSIVES. 

Sec.  419.  Within  thirty  (30)  days  after  the  passage  of  this  ordi- 
nance there  shall  be  a  Municipal  Explosives  Commission,  which  shall 
be  constituted  as  follows:  The  said  Commission  shall  consist  of  five 
(5)  members;  the  Fire  Commissioner  of  The  City  of  New  York  shall 
be  ex-officio  chairman  and  a  member  of  the  said  Commission.  The 
remaining  four  (4)  members  shall  be  appointed  by  the  Mayor,  and  one 
of  the  four  (4)  must  be  appointed  from  a  list  of  ten  to  be  submitted 
by  the  New  York  Section  of  the  American  Chemical,  Society.  The 
said  Commission  shall  hold  office  during  the  pleasure  of  the  Mayor. 

Sec.  420.  It  shall  be  the  duty  of  the  said  Commission  to  formu- 
late and  adopt  such  regulations  as  in  its  judgment  may  be  necessary  to 
carry  out  the  purpose  of  this  ordinance,  and  from  time  to  time  to  add 
to  or  in  any  way  change  or  amend  such  regulations.  The  said  regula- 
tions and  the  amendments  thereto  and  any  changes  which  shall  be 
made  therein  shall  be  subject  to  approval -by  the  Mayor,  and  when 
so  approved,  shall  be  published  by  the  Fire  Commissioner  in  the 
City  Record,  and  in  such  other  manner  as  he  shall  deem  necessary. 

Sec.  421.  Said  Commission,  hereby  established,  shall  meet  at  the 
call  of  the  Fire  Commissioner  for  the  consideration  of  all  matters 
pertaining  to  this  ordinance,  and  each  member  thereof  shall  receive 
a  fee  of  ten  dollars  ($10)  for  his  attendance  at  each  meeting.  A 
majority  of  such  Commission  shall  constitute  a  quorum  for  the  purpose 
of  doing  business. 

Sec.  422.  No  person,  firm  or  corporation  shall  have,  keep,  sell, 
use,  give  away  or  transport  any  gunpgwder.  blasting  powder,  gun 
cotton,  dynamite,  nitro-glycerine  or  any  substance  or  compound  or 
mixture  or  article  having  properties  of  such  a  character  that  alone 
or  in  combination  or  contiguity  with  other  substances  or  compounds 
it  may  decompose  suddenly  and  generate  sufficient  heat  or  gas  or 
pressure,  or  all  of  them,  to  produce  rapid  flaming  combustion,  or 
administer  a  destructive  blow  to  surrounding  persons  or  things,  within 
the  corporate  limits  of  The  City  of  New  York,  excepting  in  the  man- 
ner and  upon  the  conditions  herein  provided,  and  under  license  issued 


90  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

by  the  Fire  Commissioner  tinder  such  regulations  as  the  Municipal 
Explosives  Commission  shall  prescribe.  The  said  Fire  Commissioner 
shall  have  power  to  revoke  the  license  or  licenses  in  case,  in  his  judg- 
ment, there  is  an  infraction  of  the  provisions  of  this  ordinance  or  of 
the  regulations  of  the  Municipal  Explosives  Commission. 

Sec.  423.  No  licensee  shall  employ  any  one  in  the  use  or  care  of 
explosives  as  are  used  in  blasting  operations  unless  such  person  shall 
hold  a  certificate  of  fitness  issued  to  him  by  the  Fire  Commissioner 
under  the  regulations  established  by  the  Municipal  Explosives  Com- 
mission. 

Sec.  424.  No  gunpowder,  blasting  powder,  dynamite,  guncotton, 
nitro-glycerine  or  such  other  explosives  as  may  be  hereafter  designated 
for  prohibition  under  this  ordinance  by  the  Municipal  Explosives 
Commission  shall  be  manufactured  in  the  said  City.  1 

Sec.  425.  No  holder  of  a  license  hereunder  can  avail  himself  of 
any  of  the  privileges  of  the  same  until  he  shall  have  filed  a  bond  with 
the  said  Commissioner  in  the  penal  sum  of  net  less  than  one  thousand 
dollars  ($i,ooo),  nor  more  than  live  thousand  dollars  ($5,000),  to  be 
approved  by  the  Comptroller,  the  amount  of  the  said  bond  to  be  de- 
termined by  tlae  regulations  as  prescribed  by  the  Municipal  Explosives 
Commission,  said  bond  to  be  conditioned  for  the  payment  of  any  loss, 
damage  or  injury  resulting  to  persons  or  property  from  explosions, 
and  for  the  strict  observance  of  this  ordinance  and  the  regulations 
made  hereunder. 

Sec.  426.  The  Municipal  Explosives  Commission  may,  by  a  unan- 
imous vote  of  its  members,  subject  to  the  approval  of  the  Fire  Com- 
missioner, provide  for  an  increase  of  the  amount  of  the  bond  to  be  filed 
with  the  said  Commissioner,  in  accordance  with  section  425  of  this 
ordinance,  to  an  amount  not  exceeding  twenty-live  thousand  dollars 
($25,000),- said  bond  to  be  approved  by  the  Comptroller,  in  accordance 
with  section  425  of  this  ordinance. 

Sec.  427.  In  case  of  the  violation  of  the  provisions  of  this  ordi- 
nance or  regulations  on  explosives,  even  though  no  damage  to  persons 
or  property  be  sustained,  twenty  (20)  per  cent,  of  said  bond  for  the 
first  infraction  and  the  whole  amount  for  the  second  offense  shall  be 
forfeited  therefor  and  paid  over  to  and  for  the  use  and  benefit  of  the 
Relief  Fund  of  the  Fire  Department  of  The  City  of  New  York. 

Sec.  428.  The  commander,  owner  or  owners  of  any  ship  or  vessel 
arriving  in  the  harbor  of  New  York,  and  having  more  than  twenty- 
eight  (28)  pounds  of  gunpowder  or  other  explosive  named  in  this  ordi- 
nance on  board,  shall  immediately  upon  arrival  and  before  such  ship 
or  vessel  shall  approach  nearer  than  300  yards  of  the  pier  line  of  said 
City,  give  written  notice  to  the  Fire  Commissioner  of  the  fact  that 
such  explosives  are  on  said  vessel.    And  all  vessels  having  on  board 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


91 


or  loading  explosives  exceeding  twenty-eight  (28)  pounds  shall  cause 
to  be  displayed  at  the  masthead  nearest  the  land  while  remaining 
within  the  City  limits  a  red  flag  at  least  5  feet  square,  and  no  ship  or 
vessel  shall  lie  at  the  pier  after  sunset  having  more  than  twenty-eight 
(28)  pounds  of  explosives  without  a  permit  from  the  said  Commis- 
sioner, said  permit  to  be  issued  for  not  exceeding  forty-eight  (48) 
hours. 

Sec.  429.  Nothing  in  this  ordinance  shall  be  construed  to  apply 
to  any  ship  or  vessel  of  war  in  the  service  of  the  United  States  or 
any  foreign  government  while  lying  at  a  distance  of  300  yards  or  up- 
wards from  the  pier  line  of  said  City,  nor  to  any  ship  or  vessel  of 
war  of  the  United  States  while  lying  in  any  part  of  the  Navy  Yard  in 
the  Borough  of  Brooklyn. 

CHAPTER  II. 
1..  The  Discharge  of  Firearms. 

Sec.  430.  No  person  shall  fire  or  discharge  any  gun,  pistol,  fowling 
piece  or  other  firearms  in  The  City  of  New  York  under  the  penalty 
of  $10  for  each  offense.  The  provisions  of  this  section  shall  not  apply 
to  Jones'  Wood  Colosseum,  Washington  Park.  Hamilton  Park.  Ben- 
der's Schutzen  Park.  Bellevue  Garden,  Harlem  River  Park,  Lion  Parkr 
Christ's  Park,  Kuntz's  Elm  Park.  National  Park,  Karl  Park,  Jerome 
Park,  Fleetwood  Park.  Hudson  River  Park.  Brien's  Undercliff  Park, 
High  Bridge;  the  dock  at  the  foot  of  One  Hundred  and  Fifty-fifth 
street,  North  River,  and  the  property  lying  between  One  Hundred 
and  Seventy-second  street  and  Kingsbridge  road,  while  said  prop- 
erty is  used  for  the  purpose  of  a  rifle  range  by  the  "Fort  Washington 
Rifle  Club."  and  no  longer;  grounds  of  Pilkington  &  Nagle,  at  Oak 
Point  on  the  East  River;  ground  of  the  Metropolitan  Baseball  Parkr 
corner  of  P'irst  avenue  and  One  Hundred  and  Seventh  street;  Man- 
hattan Park,  situated  in  One  Hundred  and  Fifty-fifth  street,  two  hun- 
dred feet  west  of  Eighth  avenue;  Cosmopolitan  Park,  located  on  One 
Hundred  and  Sixty-ninth  street  and  Tenth  avenue,  near  High  Bridge : 
Zeltner's  Park,  located  at  the  northeast  corner*  of  Third  avenue  and 
One  Hundred  and  Seventieth  street;  St.  Nicholas  Park,  located  at  One 
Hundred  and  Fifty-fifth  street,  between  Eighth  and  Columbus  ave- 
nues; Fort  George  Park,  located  on  Amsterdam  avenue,  west  side, 
between  One  Hundred  and  Ninety-fourth  and  One  Hundred  ami 
Ninety-seventh  streets;  Rifle  Range,  located  on  east  side  of  Amster- 
dam avenue,  between  One  Hundred  and  Eighty-seventh  and  One 
Hundred  and  Eighty-eighth  streets;  the  Manhattan  Field,  on  Eighth 
avenue,  from  One  Hundred  and  Fifty-fifth  street  to  One  Hundred 
and  Fifty-seventh  street;  the  premises  known  as  Manhattan  Casino 
Park,  situated  on  the  north  side  of  One  Hundred  and  Fifty-fourth 


<Q2 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


street,  between  Eighth  avenue  and  Central  Park,  in  the  Borough  of 
Manhattan ;  the  meadow  lands  at  the  rear  of  the  Speedway  Clay 
Pigeon  Club  House  and  Sherman  Creek,  at  Two  Hundred  and  Sixth 
street  and  the  Harlem  river,  in  the  Borough  of  Manhattan;  the 
grounds  occupied  by  the  Fox  Hills  Gun  Club,  on  Vanderbilt  avenue, 
Clifton,  in  the  Borough  of  Richmond;  the  premises  of  Tony  Eiser,  on 
the  northeast  corner  of  One  Hundred  and  Eighty-fifth  street  and 
Amsterdam  avenue;  the  Berkeley  Oval,  on  Burnside  avenue,  between 
Sedgwick  avenue  and  Macomb's  Dam  road;  the  premises  of  Henry 
Martens,  No.  1151  Stebbins  avenue,  known  as  Pioneer  Park;  the  prem- 
ises of  Theobald  Noll  (Morrisania  Scheutzen  Park),  No.  1390  Boston 
•avenue;  the  premises  of  Morris  Dietsch.  situated  on  the  East  River, 
adjoining  the  premises  of  the  Oak  Point  Yacht  Club,  in  the  Borough 
of  the  Bronx;  the  grounds  of  the  Columbia  College  Gun  Club,  at 
AYilliamsbridge;  the  premises  of  the  Washington  Heights  Club,  One 
Hundred  and  Fifty-second  street  and  Amsterdam  avenue;  the  prem- 
ises of  the  Country  Club  of  Westchester  County,  situated  on  East- 
-chester  Bay,  in  the  late  town  of  Westchester,  now  New  York  City; 
the  grounds  of  Mrs.  M.  W.  Ditmar,  in  Baychester;  the  grounds  of  the 
Kingsbridge  Gun  Club;  the  premises  at  the  corner  of  Willow  avenue 
and  One  Hundred  and  Twenty-ninth  street,  in  The  City  of  New 
York;  the  grounds  of  the  Melrose  Shooting  Club,  at  the  end  of  Ber- 
-etto's  Point;  the  grounds  of  Frank  Strassburg,  Broadway  and  Myers' 
road,  Van  Cortlandt,  New  York  City;  the  premises  of  the  Blue  Rock 
Rod  and  Gun  Club,  at  Southern  boulevard  and  One  Hundred  and 
F'ifty-third  street,  in  the  Borough  of  the  Bronx;  the  premises  of  the 
Ideal  Rod  and  Gun  Club,  the  Columbia  Red  and  Gun  Club  and  the 
Frog  Inn  Gun  Club,  in  the  former  village  of  Springfield,  Borough  of 
Queens;  the  premises  maintained  by  Antonio  Lazzeri  as  a  shooting 
.gallery,  at  Rosebank,  in  the  Borough  of  Richmond;  the  premises 
known  as  Gosman's  Farm,  Middleburg  avenue.  Borough  of  Queens; 
the  premises  of  the  Craig  Lea  Red  and  Gun  Club,  located  on  Craig 
Lea  Island.  Pelham  Bay,  in  the  Borough  of  the  Bronx;  the  premises 
of  Frederick  Lohbauer,  known  as  Bay  View  Park,  Pelham  Bay, 
Throgg's  Neck,  Westchester,  in  The  City  of  New  York;  the  premises 
known  as  Nunley's  Railroad  Hotel  and  Casino,  on  Seaside  boulevard, 
South  Beach.  Staten  Island;  the  premises  of  David  Crabb,  Linoleum- 
ville.  Staten  Island;  Madison  Square  Garden,  New  York  City;  the 
grounds  occupied  by  the  Transit  Rod  and  Gun  Club,  located  near 
Lafayette  avenue  and  the  Bronx  River. 

2.    The  Carrying  of  Loaded  Firearms. 

Sec.  431.  Any  person,  other  than  a  peace  officer,  who  shall  in 
any  public  street,  highway  or  place  within  The  City  of  New  York,  have 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


93 


or  carry  concealed  upon  his  person  any  loaded  pistol,  revolver,  or 
other  firearm,  without  theretofore  having  been  authorized,  as  herein 
provided,  to  carry  the  same,  shall  be  guilty  of  a  minor  offense,  punish- 
able by  a  fine  not  exceeding  $250.  or  by  imprisonment  in  a  penitentiary 
or  county  jail  for  not  more  than  six  months,  or  by  both. 

Sec.  432.  Any  person,  except  as  provided  in  this  ordinance,  who 
has  occasion  to  carry  a  loaded  pistol,  revolver  or  firearm  for  his  pro- 
tection, may  apply  to  the  officer  in  command  at  the  station-house  of 
the  precinct  where  he  resides,  and  such  officer,  if  satisfied  that  the 
applicant  is  a  proper  and  law-abiding  person,  shall  give  the  said  person 
a  recommendation  to  the  Police  Commissioner,  who  may  issue  a 
permit  to  the  said  person  allowing  him  to  carry  such  loaded  firearm. 

Any  non-resident  who  does  business  in  The  City  of  New  York 
and  has  occasion  to  carry  a  loaded  pistol,  revolver  or  firearm  while 
in  the  said  City,  must  make  application  for  permission  to  do  so  to 
the  officer  in  command  at  the  station-house  of  the  police  precinct  in 
which  he  so  does  business,  in  the  same  manner  as  is  required  of 
residents  of  the  said  City,  and  shall  be  subject  to  the  same  condi- 
tions  and  restrictions. 

Sec.  433.  If.  at  the  time  of  the  arrest,  a  loaded  pistol,  revolver 
or  firearm  of  any  description  shall  be  found  concealed  on  the  person 
of  any  one  arrested,  the  officer  Snaking  the  arrest  shall  state  such 
fact  to  the  Magistrate  before  whom  the  prisoner  is  brought,  and 
shall  make  a  separate  complaint  against  such  person  for  violation  of 
the  provisions  of  this  ordinance. 

Sec.  434.  The  Police  Commissioner  is  hereby  authorized  and 
empowered,  for  reasons  appearing  to  be  satisfactory  to  him,  to  annul 
or  revoke  any  permission  given  under  this  ordinance.  Every  person 
to  whom  a  permit  shall  be  granted,  as  above  provided,  shall  pay 
therefor  the  sum  of  $2.50.  which  shall  be  applied  in  aid  of  the  Police 
Pension  Fund,  and  a  return,  in  detail,  shall  be  made  to  the  Comptroller 
or  the  Police  Commissioner  monthly,  under  oath,  of  the  amount  so 
received  and  credited.  All  persons  to  whom  such  permission  shall 
be  given  are  hereby  declared  to  be  individually  responsible  for  their 
own  acts  or  the  consequences  that  may  arise  from  the  iise  of  loaded 
pistols,  revolvers  or  firearms  carried  under  the  permission  obtained  as 
provided  in  this  ordinance. 

CHAPTER   12— RULES   OF  THE  ROAD. 
Article  1 — Method  of  Driving  Vehicles. 

Sec.  435.  Vehicles  Keeping  to  the  Right — Vehicles  shall  keep  to 
the  r'ght,  and  as  near  the  right-hand  curb  as  possible. 

Sec.  436.  Vehicles  Meeting — Vehicles  meeting  shall  pass  each 
other  to  the  right. 


04 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  437.  Vehicles  Overtaking  Others — Vehicles  overtaking  others 
shall,  in  passing,  keep  to  the  left. 

Sec.  438.  Turning  and  Starting — The  driver  or  person  having 
charge  of  any  vehicle,  before  turning  the  corner  of  any  street,  or 
turning  out  or  starting  from  or  stopping  at  the  curb  line  of  any  street, 
shall  first  see  that  there  is  sufficient  space  free  from  other  vehicles,  so 
that  such  turn,  stop  or  start  may  be  safely  made,  and  shall  then  give 
a  plainly  visible  or  audible  signal. 

Sec.  439.  Turning  to  the  Right  Into  Another  Street — A  vehicle 
turning  to  the  right  into  another  street  shall  turn  the  corner  as  near 
the  curb  as  practicable. 

Sec.  440.  Turning  to  the  Left  Into  Another  Street — A  vehicle 
turning  to  the  left  into  another  street  shall  pass  to  the  right  of  and 
beyond  the  centre  of  the  street  intersection  before  turning. 

Sec.  441.  Crossing  Streets — A  vehicle  crossing  from  one  side  of 
the  street  to  the  other  shall  do  so  by  turning  to  the  left  so  as  to  head 
in  the  same  direction  as  the  traffic  on  that  side  of  the  street. 

Sec.  442.  Stopping  at  Curb — Xo  vehicle  shall  stop  with  its  left 
side  to  the  curb. 

Sec.  443.  Driving.  Backing,  Etc.,  on  Sidewalks — It  shall  not  be 
lawful  for  any  public  cartman,  or  for  any  person  driving  or  having 
charge  of  any  public  cart,  wagon  or  other  vehicle,  to  drive  or  back 
any  such  public  cart  or  any  other  cart,  wagon  or  other  vehicle,  onto 
the  sidewalk  of  any  of  the  streets  of  said  City,  except  as  hereinafter 
provided,  or  to  stop  any  such  cart,  or  any  other  vehicle,  on  any  of 
the  crosswalks  or  intersections  of  streets  so  as  to  obstruct  or  hinder 
the  travel  along  such  crosswalks  or  intersections  of  street,  or  to  place 
any  such  carts  or  other  vehicles  crosswise  of  an)'  streets  of  said  City, 
except  to  load  thereon  or  unload  therefrom;  but  in  no  case  shall  it 
be  lawful  for  any  person  to  permit  such  cart  or  other  vehicle  to  re- 
main so  crosswise  of  any  street  for  a  longer  period  than  may  be 
actually  necessary  for  such  purpose;  but  it  .shall  be  lawful  for  the 
owner  or  occupant  of  any  store,  warehouse  or  building  in  any  street 
or  avenue  in  which  the  rails  of  any  railroad  company  are  laid  so  close 
to  the  curbstones  as  to  prevent  the  owners  or  occupant  from  keeping- 
such  cart  or  other  vehicle  in  the  carriageway  in  front  of  his  place 
of  business  without  interference  with  the  passing  cars  of  any  such 
railroad  company  to  .occupy  with  such  cart  or  other  vehicle  during 
business  hours  so  much  of  the  sidewalk  as  may  be  necessary  for  such 
cart  or  other  vehicle,  provided  that  sufficient  space  be  retained  for  the 
passage  of  pedestrians  between  the  cart  or  other  vehicle  so  per- 
mitted to  occupy  such  portion  of  the  sidewalk  and  the  stoop  or  front 
of  every  such  store,  warehouse  or  other  building.  In  no  case  shall 
it  be  lawful  to  place  any  such  carts,  wagons  or  other  vehicles  cross- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


95 


wise"  of  the  carriageway  on  Broadway  or  Fifth  avenue,  south  of  Fifty- 
ninth  street,  or  on  Park  Row.  nor  shall  any  cart,  wagon  or  other 
vehicle  be  permitted  to  remain  in  front  of  any  premises  on  said 
Broadway  or  Fifth  avenue,  south  of  Fifty-ninth  street,  or  on  Park 
Row,  unless  placed  in  close  proximity  to  the  curb,  with  the  side  of 
such  cart,  wagon  or  other  vehicle  parallel  therewith. 

Sec.  444.  In  no  case  shall  a  vehicle  remain  backed  up  to  the  curb 
excepting  when  actually  loading  or  unloading. 

Sec.  445.  Stopping  Close  to  Curb  Line — Unless  in  an  emergency 
or  to  allow  another  vehicle  (as  provided  in  sections  449,  450  and  451) 
or  pedestrian  to  cross  its  path,  no  vehicle  shall  stop  in  any  public 
street  or  highway  of  this  City,  except  close  to  the  curb  line. 

Sec.  446.  Obstructing  Crossings — Xo  vehicle  shall  stop,  for  the 
purpose  of  taking  or  setting  down  a  passenger  or  loading  or  unload- 
ing fre'ght,  or  for  any  other  purpose  except  in  case  of  accident  or 
other  emergency.,  or  when  directed  to  stop  by  the  Police,  in  such  a 
way  as  to  obstruct  any  street  or  crossing. 

Sec.  447.  Stopping  Xear  Corners — Xo  vehicle  shall  stop  or  stand 
within  the  intersection  of  anyr  street,  nor  within  10  feet  of  a  street 
corner. 

Sec.  448.  Surface  Cars  Taking  On  or  Discharging  Passengers — 
Surface  cars  shall  stop  on  the  far  sfde  of  the  street,  at  the  crosswalk, 
to  discharge  or  take  on  passengers. 

Sec.  448A.  Right  of  Way — On  all  public  streets  and  highways  of 
the  City,  all  vehicles  going  in  a  northerly  or  southerly  direction 
shall  have  the  right  of  way  over  any  vehicle  going  in  an  easterly  or 
westerly  direction. 

Sec.  449.  Right  of  Way  of  Certain  Vehicles — The  officers  and 
men  of  the  Fire  Department  and  Fire  Patrol,  with  their  fire  apparatus 
of  all  kinds,  when  going  to,  or  on  duty,  at  or  returning  from  a  fire, 
and  all  ambulances,  and  the  officers  and  men  and  vehicles  of  the 
Police  Department,  and  all  physicians  who  have  a  Police  permit  (as 
hereinafter  provided)  shall  have  the  right  of  way  in  any  street  and 
through  any  procession,  except  over  vehicles  carrying  the  United 
States  mail.  The  Police  Department  is  hereby  empowered  to  issue," 
upon  application  therefor,  permit  for  such  right  of  way  to  any  duly 
registered  physician,  which  permit  shall  not  be  transferable. 

Sec.  450.  Right  of  Way  of  Cars — Subject  to  the  preceding  section 
of  this  article,  surface  cars  running  on  tracks  laid  in  streets  especially 
for  their  use  shall  have  the  right  of  way  along  such  tracks,  between 
cross  streets,  over  all  vehicles  moving  in  the  same  direction  at  a  less 
rate  of  speed  than  10  miles  an  hour;  'and  the  driver  of  any  vehicle  pro- 
ceeding upon  the  track  in  front  of  a  surface  car  shall  turn  out  as  soon 
as  possible  upon  signal  by  the  motorman  or  driver  of  the  car. 


96  ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  451.  Signal  in  Slowing  Up  or  Stopping — In  slowing  up  or 
stopping,  a  signal  shall  always  be  given  to  those  behind  by  raising  the 
whip  or  hand  vertically. 

Sec.  452.  Signal  for  Automobile — Every  person  driving  an  auto- 
mobile or  motor  vehicle  shall,  at  the  request  or  signal  by  putting  up 
the  hand,  from  a  person  driving  or  riding  a  restive  horse  or  horses,  or 
driving  domestic  animals,  cause  the  automobile  to  immediately  stop,, 
and  to  remain  stationary  as  long  as  may  be  necessary  to  allow  said 
horses  or  domestic  animals  to  pass. 

S^ec.  453.  Slowly  Moving  Vehicles — Vehicles  moving  slowly  shall 
keep  as  close  as  possible  to  the  curb  line  on  the  right,  so  as  to  allow 
faster  moving  vehicles  free  passage  on  the  left. 

Article  2 — Speed. 

Sec.  454.  Speed  of  Vehicles — The  following  rates  of  speed 
through  the  streets  of  the  City  shall  not  be  exceeded,  that  is: 

Eight  miles  an  hour  by  bicycles,  tricycles,  velocipedes  and  motor 
vehicles,  however  propolled,  or  by  passenger  and  other  vehicles  drawn 
by  horses  or  other  animal,  except  that  in  portions  of  the  City  not 
built  up,  where  the  buildings  are  at  least  100  feet  apart,  a  speed  of  15 
miles  an  hour  may  be  maintained. 

Sec.  455.  Exceptions — Nothing  in  this  article  shall  apply  to  the 
apparatus  and  wagons  of  the  Fire  and  Police  Departments,  ambulances, 
emergency  repair  wagons  of  street  railroad  and  vehicles  carrying  the 
United  States  mail. 

Sec.  456.  Excessive  Speed  Prohibited — Xo  person  riding,  driving 
or  in  charge  of  any  vehicle  on  any  street,  avenue,  pathway  or  drive- 
way in  the  City  shall  drive  the  same  at  a  speed  greater  than  reason- 
able and  proper,  having  regard  to  the  traffic  and  use  of  the  highways, 
so  as  to  endanger  the  life  or  limb  of  any  person. 

Sec.  457.  Speed  in  Crossing  Streets  and  Turning — Xo  vehicle 
shall  cross  any  street  or  avenue  running  north  and  south,  or  make 
any  turn  at  a  speed  rate  exceeding  one-half  its  legal  speed  limit. 

Article  3 — Lights. 

Sec.  458 — Each  and  every  vehicle  using  the  public  streets  or  high- 
ways of  this  City,  except  vehicles  of  licensed  truckmen,  shall  show, 
between  one  hour  after  sunset  and  one  hour  before  sunrise,  a  light 
or  lights,  so  placed  as  to  be  seen  from  the  front  and  each  side;  if 
dash  lantern  is  carried,  it  shall  be  placed  on  the  left-hand  side;  such 
light  or  lights  to  be  of  sufficient  illuminating  power  to  be  visible  at  a 
distance  of  200  feet;  said  light  or  lights  shall  show  white  in  front,  but 
may  be  colored  on  the  sides,  excepting  licensed  truckmen.  Every 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  <;7 


automobile  shall  exhibit  during  the  same  period  two  lamps  showing 
white  lights  visible  at  a  distance  of  300  feet  in  the  direction  toward 
which  the  automobile  is  proceeding,  and  shall  also  exhibit  a  red  light, 
visible  in  the  reverse  direction.  The  lamps  shall  be  so  placed  as  to 
be  free  from  obstruction  to  light  from  other  pans  of  said  automobile. 
In  the  Borough  of  The  Bronx,  excepting  south  of  Tremont  avenue  and 
One  Hundred  and  Seventy-seventh  street,  east  of  Jerome  avenue  and 
west  of  the  Bronx  river,  and  in  the  Boroughs  of  Richmond  and 
Queens,  and  in  the  Twenty-sixth,  Thirtieth,  Thirty-first  and  Thirty- 
second  Wards  of  the  Borough  of  Brooklyn,  every,  car  or  other  vehicle 
between  said  hours,  while  moving  on,  along  or  standing  upon  the 
portion  of  streets  in  said  boroughs  or  parts  of  boroughs,  shall  also 
carry  a  light  or  lights  of  such  illuminating  power  as  to  be  plainly 
visible  200  feet,  both  ahead  and  behind  said  car  or  vehicle. 

Sec.  450.  Exceptions — But  this  section  shall  not  apply  to  any 
equestrian,  or  to  any  animal  led  or  driven,  not  attached  to  any  vehicle 
nor  to  the  rider  of  a  bicycle,  tricycle  or  similar  vehicle,  whose  light 
has  become  extinguished,  and  who  is  necessarily  absent  from  his 
home,  without  a  light,  when  .going  at  a  pace  not  exceeding  6  miles 
an.  hour,  when  a  clearly  audible  signal  is  given  as  often  as  30  feet 
are  passed  over. 

Article  4 — Improper  Use  of  Streets. 

Sec.  460.  Coasting  Forbidden  to  Bicyclists — Xo  bicycle  shall  be 
allowed  to  proceed  in  any  street  of  the  City  by  inertia  or  momentum, 
with  the  feet  of  the  rider  removed  from  the  pedals. 

Sec.  461.    Trick  Riding  Forbidden — Xo  rider  of  a  bicycle  shall  re 
move  both  hands  from  the  handle-bars,  or  practice  any  trick  or  fancy 
riding  in  any  street. 

Sec.  462.  Carrying  Children  on  Bicycles — Xo  bicyclist  in  The 
City  of  New  York  shall  carry  upon  his  bicycle  any  child  under  the 
age  of  five  years. 

Sec.  463.  Ages  of  drivers — Drivers  or  persons  in  charge  of  ve- 
hicles other  than  licensed  vehicles  shall  not  be  less  than  sixteen  years 
of  age.  unless  provided  with  a  permit  from  the  Police  Department. 

Sec.  464.  Riding  on  Back  Of  Vehicles — Xo  person  shall  ride  upon 
the  back  of  any  vehicle  without  the  consent  of  the  driver,  and  when 
so  riding  no  part  of  the  person's  body  must  protrude  beyond  tin- 
limits  of  the  vehicle. 

Sec  465.  "Cruising"  .by.  Hacks,  etc..  Forbidden — Xo  public  or 
private  hack,  while  awaiting  employment  by  passengers,  shall  stajOd 
in  or  upon  any  'public  street  or  place  other  than  at  or  upon  public  or 
private  hackstands,  respectively,  designated  by  the  Board  of  Abler 
men;  nor  shall  any  hackman  seek  employment  by  repeatedly  and 
persistently  driving  his  hack  to  and  fro  in  a  short  space  before,  or  by 


98 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


otherwise  interfering  with  proper  and  orderly  access  to.  or  egress 
from,  any  theatre,  hall,  hotel,  public  resort,  railway  or  ferry  station, 
or  other  place  of  public  gathering,  but  any  hackman  may  solicit  em- 
ployment by  driving  through  any  public  street  or  place  without  stops 
other  than  those  due  to  obstruction  of  traffic,  and  at  such  speed  as 
not  to  interrupt  or  impede  traffic,  and  may  pass  and  repass  before  any 
theatre,  hall,  hotel,  public  resort,  railway  or  ferry  station  or  other 
place  of  public  gathering,  provided  that  after  passing  such  public 
place  he  shall  not  turn  and  repass  until  he  shall  have  gone  a  distance 
of  two  blocks  beyond  such  place. 

Article  5 — Use  of  Sidewalks. 

Sec.  466.  Driving  on  Sidewalks — Except  as  provided  in  this  art- 
icle no  horse  or  vehicle  shall  be  driven,  backed,  led  or  allowed  to 
stand  on  any  sidewalk  which  has  been  curbed,  except  that  wares  or 
merchandise  in  process  of  loading  and  unloading,  shipment,  or  being 
received  from  shipment,  may  be  transferred  from  trucks  or  other 
vehicles  over  the  sidewalk  by  the  use  of  skids,  or  by  backing  up  trucks 
on  the  sidewalks  in  so  doing  providing  a  passageway  to  be  kept  open 
within  the  stoop  lines  of  buildings  for  the  free  passage  of  pedestrians. 

Sec.  467.  Leading  Bicycles — Riders  of  bicycles,  when  dismounted, 
may  lead  their  bicycles  along  the  sidewalk  in  single  file,  and  bicycles 
may  be  allowed  to  stand  on  the  sidewalk,  provided  they  are  with  the 
stoop  line  and  cause  no  obstruction. 

Sec.  468.  Riding  on  Sidewalks — Bicycles  may  be  ridden  on  the 
sidewalks  of  any  street  in  the  suburbs  of  the  City,  the  roadway  of 
which  is  not  reasonably  rideable  for  such  vehicles. 

Sec.  469.  Driving  Across  Sidewalks — Nothing  contained  in  this 
article  shall  prevent  the  riding  or  driving  of  horses  or  vehicles  from 
private  property  directly  across  the  sidewalks  of  any  street  to  the 
roadway,  or  from  the  roadway  back  to  such  private  property. 

Article  6 — General  Rule  Covering  the  Use  of  Streets. 

Sec.  470.  Reasonable  Care  to  be  Used — Nothing  contained  herein 
or  omitted  herefrom  shall  be  construed  or  held  to  relieve  any  person 
using,  or  traveling,  or  being  upon  any  street,  for  any  purpose  what- 
ever, from  exercising  all  reasonable  care  to  avoid  or  prevent  injury 
through  collision  .with  all  other  persons  and  vehicles. 

Sec,  471.  -^Traffic  Not  to  be  Obstructed — No  vehicle  shall  be  al- 
lowed to  remain  upon  or  be  driven  through  any  street  of  The  City 
of  New  York  so  as  wilfully  to  blockade  or  obstruct  the  traffic  of 
that  street. 

No  vehicle  shall  be  so  overloaded  that  the  horse  or  horses  are 
unable  to  draw  it. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK  99 


Article  7 — Powers  of  Police  Department. 

Sec.  472.  Police  Department  to  Regulate  Traffic — The  Police  De- 
partment shall  have  all  powers  and  duties  in  relation  to  the  manage- 
ment of  vehicular  traffic. 

Sec.  473.  The  Police  Department  to  See  That  Ordinances  Are 
Posted — The  Police  Department  shall  see  that  these  ordinances  are 
posted  in  all  public  stables,  and  at  the  hack,  cab  and  truck  stands,  and 
shall  keep  copies  of  them  at  all  of  its  stations  and  issue  them  on 
application. 

Article  8 — Definition. 

See.  474.  Definition  of  Terms  Used  Herein — The  following  terms, 
phenever  used  herein,  except  as  otherwise  specifically  indicated,  shall 
be  defined  to  have  and  shall  he  held  to  include  each  of  the  meanings 
herein  below  respectively  set  forth:  and  any  such  term  used  in  the 
singular  number  shall  be  held  to  include  the  plural: 

Street — Every  avenue,  boulevard,  highway,  roadway,  cartway,  lane, 
alley,  strip,  path,  square  and  place  used  by  or  laid  out  for  the  use  of 
vehicles. 

Roadway — That  portion  of  any  street  which  is  included  within 
the  curb  or  curb  lines  thereof  and  is  designed  for  the  use  of- vehicles. 

Curb — The  lateral  boundaries  of  that  portion  of  a  street  designed 
for  the  use  of  vehicles,  whether  marked  by  curbstones  or  not  so 
marked. 

Vehicle — Every  wagon,  carriage,  omnibus,  sleigh,  pushcart,  bi- 
cycle, tricycle  and  other  conveyance  (except  baby  carriage),  in  what- 
ever manner  or  by  whatever  force  or  power  the  same  max  be  driven, 
ridden  or  propelled,  which  is  or  may  be  used  for  or  adapted  to 
pleasure  riding  or  the  transportation  of  passengers,  baggage  or  mer- 
chandise upon  the  street;  and  every  draught  and  riding  animal, 
whether  driven,  ridden  or  led.  excepting  that  an  animal  or  animals 
attached  to  any  vehicle  shall,  with  such  vehicle,  constitute  one 
vehicle. 

Article  9 — Penalties  for  Violations. 

Sec.  475.  Penalties  for  Violations — Any  person  violating  any  pro- 
vision or  regulation  hereof  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  by  any  Magistrate,  either  upon  confes 
■On  of  the  party  or  by  competent  testimony,  may  be  lined  for  such 
offense  any  sum  not  less  than  $1  and  not  exceediivg  $10.  and  in  default 
of  payment  of  such  tine  may  be  committed  to  prison  by  such  Magis 
trate  until  the  same  be  paid;  but  such  imprisonment  shall  not  exceed 
ten  days. 


ioo        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


CHAPTER  13— MISCELLANEOUS  ORDINANCES. 
1.    Official  Bonds. 

Sec.  476.  Each  and  every  officer  or  employee  of  The  City  of  Ne"\v 
York,  whose  office  or  duties  correspond  to  those  formerly  exercised 
by  officers  and  employees  of  the  former  Corporation,  the  Mayor. 
Aldermen  and  Commonalty  of  The  City  of  Xew  York,  except  the 
Comptroller,  elected  or  appointed,  shall,  upon  entering  upon  the 
duties  of  his  office  or  employment,  give  a  bond  with  sureties  to  The 
City  of  Xew  York  for  the  faithful  performance  of  his  duties  in  a 
corresponding  form  and  in  the  same  amount  as  bonds  were  required 
to  be  given  by  the  corresponding  officers  or  employees  of  the- Mayor, 
Aldermen  and  Commonalty  of  The  City  of  Xew  York  by  the  Revised 
Ordinances  of  the  said  Mayor,  Aldermen  and  Commonalty  of  The 
City  of  Xew  York  of  1897,  the  said  bonds  to  be  approved  by  the 
Comptroller  of  the  said  City  of  Xew  York. 

Sec.  477.  The  Comptroller  of  The  City  of  Xew  York  shall  give  a 
bond  in  the  sum  of  two  hundred  thousand  dollars  ($200,000)  with  a 
surety  company  or  two  or  more  sufficient  sureties  to  justify  in  double 
the  amount  under  oath  before  a  Judge  of  the  Supreme  Court  on  notice 
to  the  Corporation  Counsel,  except  that  any  bond  heretofore  given  by 
the  Comptroller  elected  at  the  election  of  1897,  and  approved  as  here- 
inbefore required  by  a  Justice  of  the  Supreme  Court,  shall  be  taken 
to  be  a  sufficient  bond  to  comply  with  this  ordinance,  provided  that 
the  same  shall  be  immediately  filed  with  the  City  Clerk  by  the  said 
Comptroller. 

Sec.  478.  Each  Deputy  Comptroller  shall,  before  entering  upon 
the  duties  of  his  office,  execute  a  bond  to  the  City,  with  one  or  more 
sureties  to  be  approved  by  the  Comptroller,  in  the  penal  sum  of 
$10,000,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office. 

Sec.  479.  Before  entering  upon  the  duties  of  his  office  the  City 
Clerk  shall  execute  a  bond  to  the  City,  with  one  or  more  sufficient 
sureties  to  be  approved  by  the  Comptroller,  in  the  penal  sum  of 
$1,000,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office. 

Sec.  480.  The  Corporation  Counsel  shall,  before  entering  upon  the 
duties  of  his  office,  execute  a  bond  to  the  Corporation,  with  two  suf- 
ficient sureties,  to  be  approved  by  the  Comptroller  and  filed  in  the 
office  of  the  Comptroller,  in  the  penal  sum  of  $5,000,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office. 

Sec.  481.  The  Supervisor  of  the  City  Record  hereafter  appointed 
shall,  before  entering  upon  the  duties  of  his  office,  execute  a  bond  to 
fehe  City,  with  one  or  more  sureties  to  be  approved  by  the  Comptroller, 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  101 


in  the  penal  sum  of  $5,000,  conditioned  upon  the  safe  keeping  of  the 
money  of  the  City  in  hi>  charge,  and  upon  the  faithful  performance 
of  the  duties  of  hi*  office;  and  the  Deputy  Supervisor  of  the  City 
Record  shall,  after  his  appointment,  and  before  entering  upon  the 
duties  of  his  office,  execute  a  bond  to  the  City,  with  one  or  more 
sureties  to  be  approved  by  the  Comptroller,  in  the  penal  sum  of 
$5,000,  conditioned  upon  the  faithful  performance  of  the  duties  of  his 
office. 

Sec.  482.  Each  Commissioner  of  Public  Works,  before  entering 
on  the  duties  of  his  office,  shall  execute  a  bond  to  the  City,  with  at 
least  two  sureties,  to  be  approved  by  the  Comptroller  and  tiled  in  the 
office  of  the  Comptroller,  in  the  penal  sum  of  $10,000,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office. 

Sec.  483  The  Water  Register,  before  entering  upon  the  duties 
of  his  office,  shall  execute  a  bond  to  the  City,  with  two  sufficient  sure- 
ties, to  be  approved  by  the  Comptroller,  in  the.  penal  sum  of  $15,000, 
conditioned  for  the  faithful  performance  of  the  duties  of  his  office. 

Sec.  484.  The  Collector  of  Assessments  and  Arrears,  before  enter- 
ing upon  the  duties  of  his  office,  shall  execute  a  bond  to  the  City,  with 
at  least  two  sureties  to  be  approved  by  the  Comptroller,  and  filed  in 
his  office,  in  the  penal  sum  of  $20,000.  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office. 

Sec.  485:  The  Collector  of  City  Revenue  and  the  Superintendent 
of  Markets  shall,  before  entering  upon  the  duties  of  his  office,  execute 
a  bond  to  the  City,  with  one  or  more  sureties  to  be  approved  by  the 
Comptroller,  in  the  penal  sum  of  $15,000,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office. 

Sec.  486.  The  Deputy  Collectors  of  City  Revenue  shall,  respec- 
tively, before  entering  upon  the  duties  of  their  office,  execute  a  bond 
to  the  City,  with  one  or  more  sureties,  to  be  approved  by  the  Comp' 
troller.  in  the  penal  sum  of  $2,000. 

Sec.  487.  Before  entering  upon  the  duties  of  his  office,  the  Clerk 
to  the  Collector  of  City  Revenue  atid  the  Superintendent  of  Markets, 
shall  execute  a  bond  to  the  City,  with  one  or  more  sureties,  to  be  ap- 
proved by  the  Comptroller,  in  the  penal  sum  of  $5,000,  conditioned 
for  the  faithful  performance  of  the  duties  of  his  office. 

2.  Public  Sessions  of  Boards. 
Sec.  488  All  meetings  of  the  boards  or  commissions  constituting 
departments  of  the  City  government  of  The  City  of  New  York,  for 
the  transaction  of  public  business,  shall  be  held  openly,  and  shall  in 
all  cases  be  accessible  to  the  public.  Such  meetings  shall  be  held  at 
such  times  and  places  as  may  be  determined  upon  by  each  of  such 
departments,  and  due  notice  thereof  shall  be  published  daily  in  the 
City  Record 


IOJ 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


3.    Office  Hours. 

Sec.  489.  The  office  hours  of  all  public  offices  in  The  City  of 
New  York,  except  as  otherwise  provided  by  law,  shall  be  from  9 
o'clock  a.  m.  to  4  p.  m.,  except  on  Saturday,  when  such  offices  shall 
be  closed  at  12  o'clock  noon,  and  the  heads  of  all  departments  may. 
when  public  business  requires  it,  keep  the  said  offices  open  after  4 
o'clock. 

The  office  hours  of  the  City  Clerk  and  Clerk  of  the  Board  of 
Aldermen  shall  be  from  10  o'clock  a.  m.  until  4  o'clock  p.  m.,  except 
on  Saturdays,  when  the  office  hours  shall  be  from  10  o'clock  a.  m, 
until  12  o'clock  noon. 

4.  Sale  of  Waste  Material. 
Sec.  400.  All  old  and  waste  matt-rial  under  the  care  of  any  de- 
partment shall  be  sold  from  time  to  time  as  it  may  be  deemed  best 
for  the  public  interest  so  to  do,  in  accordance  with  the  provisions  of 
law  a-  so  provided,  the  sale  of  such  material  t< »  be  under  the  im- 
mediate supervision  of  the  head  <»i  the  bureau  having  charge  of  such 
material,  the  proceeds  therefor  to  be  collected  by  -aid  head  of  bureau 
and  transmitted  within  twenty  four  hours  by  him  to  the  head  of  the 
department  for  deposit  in  the  city  treasury,  except  as  otherwise  spe- 
cially provided. 

5.  East  River  Bridges. 

Sec.  491.  The  New  York  and  Brooklyn  Bridge  shall  be  designated 
as  the  Brooklyn  Bridge. 

The  new  East  River  Bridge  shall  be  designated  as  the  Williams- 
burg Bridge. 

Bridge  No.  3,  crossing  the  East  river,  shall  be  designated  as  the 
Manhattan  Bridge. 

Bridge  No.  4,  crossing  the  East  river,  shall  be  designated  as  the 
Blackwell's  Island  Bridge. 

6.  Payment  of  Jurors. 

Sec.  492.  In  pursuance  of  section  3314  of  the  Code  of  Civil  Pro- 
cedure, it  is  hereby  directed  that  the  sum  of  $2  be  allowed  to  each 
trial  juror,  for  each  day's  necessary  attendance  by  him  as  such  a 
juror  at  a  term  of  any  court  of  record  of  civil  jurisdiction  held 
within  the  County  of  New  York;  provided,  however,  that  no  such 
juror  shall  be  so  paid  for  attendance  on  any  day  on  which  he  shall  be 
excused  from  service  at  his  own  request. 

.7.    Flags  and  Decorations  at  the  City  Hall. 

Sec.  493.  All  power  and  authority  to  display  flags  or  other 
decorations  on,  in  or  about  the  City  Hall,  or  other  public  buildings, 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  103. 


within  the  City  Hall  Par.k,  is  hereby  vested  in  the  Mayor  of  The  City 
of  New  York,  unless  otherwise  ordered  by  the  Board  of  Aldermen 
by  a  vote  of  a  majority  of  all  the  members  elected  to  the  Board. 

8.    Public  Worship  in  the  Streets. 

Sec.  494  No  person  shall  be  concerned  or  instrumental  in  col- 
lecting or  promoting  any  assemblage  of  persons  under  the  pretense 
of  or  for  public  worship  or  exhortation  in  the  Battery  or  any  of  the 
markejs  or\..st.reets  or  .parks  or.  any  public  place  in  The  City.  of.  New 
York  faid  out  and  appointed  for  the  common  use  of  the  citizens, 
under  .the  penalty  of  $25  for  each  offense. 

Sec.  495.  It  shall  be  the  duty  of  all  Police  Officers  of  The  City 
of  New  York  to  prevent  all  such  assemblies  and  to  prosecute,  ap- 
prehend and  report  to  the  Corporation  Counsel  all  persons  concerned 
or  instrumental  in  promoting  the  same. 

Sec.  496.  Every  Police  Officer  who  shall  neglect  or  refuse  to  per- 
form his  duty  in  the  premises  shall  for  every  such  neglect  forfeit  and 
pay  the  "sum  of  $5.  i 

*' -See.  497.  Nothing  contained  in  the  three  preceding  sections  of 
this  article  shall  be  construed  to  prevent  any  clergyman  or  minister 
of  any  denomination  or  any  person  responsible  to  or  regularly  asso- 
ciated"with  any  church.  Missionary  association  or  incorporated  mis- 
sionary society  located  in  or  working  for  New  York  City,  or  lay- 
preacher  or  lay-reader,  from  preaching  in  any  specified  place  or 
places  in  The  City  of  New  York,  providing  that  such  person  shall 
have  obtained  the  written  permission  of  either  the  Mayor,  Commis- 
sioner of  Police  or  one  of  the  Aldermen  of  the  City  therefor. 

"Provided,  also,  that  such  written  permission  shall  have  indorsed 
upon  it  the  approval  or  consent  of  the  Aldermen  of  each  district  in 
which  any  place  specified  in  said  written  permission  shall  be  located.'' 

Sec.  498.  This  ordinance  shall  not  be  construed  to  prevent  any 
ministers  or  people  of  any  church  usually  called  Baptists,  from  as- 
sembling in  proper  places  in  The  City  of  New  York  for  the  purpose 
of  performing  the  rite  of  baptism  according  to  the  ceremonies  of  such 
church. 

Sec.  499.  No  person  shall  disturb,  molest  or  interrupt  any  clergy- 
man, minister,  missionary,  lay-preacher  or  lay-reader  who  shall  be 
preaching  and  have  obtained  permission  according  to  this  ordinance 
or  any  minister  or  people  who  shall  be  performing  the  rite  of  baptism 
as  permitted  by  this  ordinance,  nor  shall  any  person  commit  any  riot 
or  disorder  in  any  such  assembly,  under  the  penalty  of  $25  for  each 
offense. 

9.    The  Display  of  Immoral  Pictures. 
Sec.  500.    No  person  shall  expose,  display,  post  up,  exhibit,  paint, 


io4        ORDINANCES  OF  THE  CITY  OF  NEW  YORK, 


print  or  mark,  nor  place  or  cause  to  be  placed  any  placard,  poster,  bill 
or  picture  of  any  show,  exhibition,  theatrical  or  other  performance  in 
or  on  any  building,  billboard,  wall  or  fence  on  any  street,  nor  in  or 
upon  any  public  place,  in  The  City  of  New  York,  which  shall  be  oi 
lewd,  indecent,  immoral,  immodest,  vulgar  or  suggestive  character, 
calculated  to  debauch  the  public  or  shock  the  sense  of  decency  or 
propriety. 

Sec. . 501.  Any  violation  of  the  provisions  of  section  1  of  this 
ordinance  shall  be  deemed  a  minor  offense,  and  upon  ..conviction 
thereof,  before  a  City  Magistrate,  shall  be  punishable  by  a  fine  of  not 
less  than  $10  nor  more  than  $50;  or  by  imprisonment  in  the  City 
Prison,  or  by  both;  but  no  such  imprisonment,  however,  shall  exceed 
a  term  of  ten  days. 

10.    Car  Transfers  in  The  City  of  New  York. 

Sec.  503.  Kvery  car  owned,  operated,  managed  or  controlled  by  a 
street  surface  railroad  company  in  the  streets  or  highways  iof  The 
City  of  New  York,  shall  carry  throughout  its  route  on  "the -outside,  in 
front  and  on  top  of  each  and  every  car  so  operated,  a  signboartl  or 
placard,  upon  which  shall  appear  conspicuously  the  destination  of  the 
said  car.  VEvery  such  company  must  carry  for  a  single  fare  upon  such 
car,  without  change  therefrom,  each  and  every  passenger  to  any  regu- 
lar stopping  place  desired  by  him.  upon  said  car's  route,  in  the  direc- 
tion of  the  destination  so  designated;  and  for  every  violation  of  the 
ordinance  there  shall  be  recoverable  against  the  company  so  offending 
a  penalty  of  $100  in  an  action  to  be  brought  in  the  name  of  The  City 
of  New  York. 

Sec.  504.  This  ordinance  shall  not  apply  to  a  transfer  made  to  a 
connecting  line,  going  in  a  different  direction  from  that  in  which  such 
car  may  be  going,  nor  where  by  reason  of  any  accident  compliance 
with  the  ordinance  is  rendered  impossible. 

11.    The  Heating  ot  Street  Cars  in  The  City  of  New  York. 

Sec.  505.  Each  street,  surface  or  other  railroad  company  op- 
erating or  running  cars  on  the  surface  of  any  street,  avenue  or 
thoroughfare  in  The  City  of  New  York  shall,  between  the  first  day 
of  October  and  the  first  day  of  April  of  each  year,  properly  heat  and 
keep  heated  at  least  every  second  car  on  its  line  or  lines  whenever 
the  temperature  upon  the  street  shall  fall  below  40  degrees  Fahrenheit. 

Sec.  506.    A  failure  so  to  heat  and  keep  heated  each  second  or  alter 
nate  car  where  the  thermometer  shall  record  a  temperature  below  40 
degrees  Fahrenheit  shall  subject  the  company  or  companies  so  violating 
the  conditions  of  section  505  to  a  penalty  of  $25  for  each  and  every  failure 
so  to  do. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  507.  There  shall  be  conspicuously  displayed  011  each  side  of 
each  heated  car,  when  all  the  cars  of  the  line  are  not  heated,  a  placard 
or  sign  containing  the  words  "Heated  Car"  in  large  type. 

Sec,  508,  The  above  sections  shall  apply  only  to  cars  running  a 
distance  of  three  miles  or  more. 

12.    Contracts  for  Supplies  and  Work  for  the  City. 

Sec.  509.  All  supplies  to  be  furnished  or  work  to  be  done  for  The 
City  of  New  York,  whether  they  are  paid  for  out  of  the  City 
Treasury  or  out  of  trust  moneys  under  the  control  of  or  to  be  assessed 
'or  collected  by  The  City  of  New  York,  shall  be  furnished  or  performed 
by  contract,  except  where  otherwise  provided  by  law. 

Sec.  510.  The  several  departments  and  officers  empowered  by  law 
to  make  contracts  on  the  part  of  the  City  shall  issue  proposals  for  esti- 
mates therefor,  and  advertise  the  same,  as  provided  by  law.  There  shall 
be  kept  by  each  of  said  departments  an  appropriate  box,  to  be  designated 
''Estimate  Box,"  with  a  proper  opening  in  the  top  thereof  to  receive 
estimates  for  which  proposals  have  been  issued.  Such  box  shall  be  kept 
locked,  except  at  such  times  as  it  may  be  necessary  to  open  the  same 
to  examine  and  decide  upon  said  estimates,  and  the  key  thereof  shall  be 
retained  by  the  head  of  the  Department.  It  shall  be  the  duty  of  the 
head  of  the  Department  to  deposit  in  said  box  all  estimates  duly  pre- 
sented to  him  for  work  to  be  done  under  the  direction  of  the  Depart- 
ment, immediately  on  the  receipt  thereof  by  him. 

Sec.  sit.  The  proposals  for  estimates  shall  be  in  such  form  as 
may  be  prescribed  by  the  Department  making  the  same,  and  shall  contain 
the  v£<|llowing  particulars  : 

1.  "  They  shall  require  that  the  person  making  the  estimate  shall 
furnish  the  same  in  a  sealed  envelope  to  the  head  of  the  appropriate 
department,  at  his  office,  on  or  before  a  day  and  hour  therein  named, 
not  less  than  ten  days  from  the  first  publication  thereof 

2.  They  shall  state  the  quantity  and  qualit}  of  supplies,  or  the 
nature  and  extent,  as  near  as  possible,  of  the  work  required. 

3.  They  shall  state  that  the  estimates  received  will  be  publicly 
opened  by  the  head  of  the  department  issuing  the  proposals,  at  his  office, 
at  a  day  and  hour  therein  mentioned. 

4.  They  shall  state  the  amount  in  which  security  is  required  for 
the  performance  of  the  contract. 

5.  They  shall  state,  briefly,  the  several  matters  required  by  the  next 
four  sections  to  be  contained  in  or  to  accompany  the  estimates 

Sec.  512.    Each  estimate  shall  contain — 

1.  The  name  and  place  of  resilience  of  the  person  making  the  same. 

2.  The  names  of  all  persons  interested  with  him  therein;  and  if  no 
other  person  be       interested,  it  shall  distinctly  state  thai  fact. 


io6        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

3.  That  it  is  made  without  any  connection  with  any  other  person 
making  an  estimate  for  the  same  purpose,  and  is  in  all  respects  fair,  and 
without  collusion  or  fraud. 

4.  That  no  member  of  the  Board  of  Aldermen,  head  of  a  department, 
chief  of  a  bureau,  deputy  thereof,  or  clerk  therein  or  other  officer  of 
The  City  of  New  York,  is  directly  or  indirectly  interested  therein,  or  in 
the  supplies  or  the  work  to  which  it  relates,  or  in  any  portion  of  the 
profits  thereof. 

Sec.  513.  The  estimate  shall  be  verified  by  the  oath,  in  writing,  of 
the  party  making  the  estimate,  that  the  several  matters  stated  therein 
are  in  all  respects  true. 

Sec.  514.  The  estimate  shall  be  accompanied  by  the  consent,  in 
writing,  of  two  householders  .or  freeholders  -in  The  City  of  New  York, 
or  of  a  guaranty  or  surety  .company  duly  .authorized  by  law  to  act  a? 
surety,  to  the  effect  that  if  the.  contract  -be  awarded  to  {lie  person  making 
the  estimate,  they  or  it  will,  upon  its  being  so  awarded,  become  bound  as 
his  sureties  for  its  faithful  performance,  and  that  if  he  shall  omit  or 
refuse  to  execute  the  same,  they  or  it  will  pay  to  The  City  of  New  York 
any  difference  between  the  sum  to  which  lie  would  be  entitled  upon  its 
completion  and  that  which  The  City  of  Xew  York  may  be  obliged  to 
pay  to  the  person  to  whom  the  contract  shall  be  awarded  at  any  sub- 
sequent letting;  the  amount  in  each  case  to  be  calculated  upon  the  esti- 
mated amount  of  the  work  by  which  the  bids  are  tested. 

Sec.  515.  The  consent  mentioned  in  the  last  section  shall  be  accom- 
panied by  the  oath  or  affirmation,  in  writing  of  each  of  the  persons 
signing  the  same,  that  he  is  a  householder  or  freeholder  in  The  City  of 
New  York,  and  is  worth  the  amount  of  the  security  required  for  the 
completion  of  the  contract,  and  stated  in  the  proposals,  over  and  above 
all  his  debts  of  every  nature,  and  over  and  above  his  liabilities,  as  bail, 
surety  or  otherwise,  and  that  he  has  offered  himself  as  a  surety  in  good 
faith,  and  with  an  intention  to  execute  the  bond  required  by  law ;  and 
like  affidavit  as  to  sufficiency  shall  be  required  of  an  officer  of  any 
company  so  consenting. 

Sec.  516.  The  sealed  envelope  containing  the  estimate  shall  be  in- 
dorsed with  the  name  or  names  of  the  person  or  persons  presenting  the 
same,  the  date  of  its  presentation,  and  a  statement  of  the  work  to  which 
it  relates*  and  no  estimate  shall  be  taken  from  the  '"Estimate  Box,"  or  the 
sealed  envelope  thereof,  opened  by  any  one,  except  at  the  time  and  in  the 
manner  herein  designated  for  deciding  on  such  estimates.  At  the 
time  and  place  appointed  for  that  purpose  in  the  proposals 
as  prescribed  in  this  article,  the  head  of  the  Department,  or 
other  officers  empowered  to  make  the  contract,  in  the  pres- 
ence of  the  Comptroller,  and  such  of  the  parties  making 
them  as  may  desire  to  be  present,  shall  then  and  there-  ..pen  the  said  esti- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  107 


mate  box;  and  the  estimates  to  Be  examined  at  that  time,  as  may  appear 
from  the  indorsements  thereon,  shall  he  taken  from  said  box.  The  said 
head  of  Department  shall  then  and  there  publicly  open  and  read  all  esti- 
mates which  he  may  have  received  for  the  contract  mentioned  in  such 
proposals,  and  shall  reject  all  estimates  not  furnished  in  conformity  with 
the  law  and  the  ordinances  relating  thereto  and  the  requirement-  thereof. 
The  award  of  the  contract  shall  he  made  according  to  law. 

Sec.  517.  When  proposals  are  issued  for  a  contract  to  furnish  any 
article  of  which  a  sample  can  conveniently  he  furnished,  the  head  of  the 
1  department  issuing  the  same  may  require  that  such  sample  be  delivered  at 
his  office  or  at  the  office  of  the  head  of  the  appropriate  bureau  in  his 
Department  within  such  time  before  the  opening  of  the  estimtes  as  he 
may  prescribe;  audit  it  be  not  so  furnished,  or  do  not  conform  to  the 
quality  required  by  the  proposals,  the  estimate  delivered  J)y  the  person 
furnishing  or  omitting  to  furnish  the  same,  as  the  case  may  be.  shall 
he  rejected. 

Sec.  518.  In  all  contracts  for  work  for  The  City  of  New  York  where 
provision  is  made  for  the  payment  of  the  contract  price  by  install- 
ments, a  provision  shall  be  inserted  that  the  contractor  shall  allow 
te  n  per  cent,  of  the  contract  price  of  the  work  actually  done  to  remain 
as  security  till  the  whole  work  shall  be  completed  according  to  the 
contract. 

Sec.  519.  In  all  contracts  for  the  work  for  The  City  of  New  Y'ork 
upon  any  public  building,  or  in  any  public  street  or  place,  in  the  perform- 
ance of  which  accidents  or  injuries  may  happen  to  the  person  or  property 
of  another,  a  provision  shall  be  inserted  that  the  contractor  shall  place 
proper  guards  for  the  prevention  of  accidents,  and  shall  put  up  and  keep 
at  nights  suitable  and  sufficient  lights  during  the  performance  of  the  work; 
and  that  he  will  indemnify  The  City  of  New  York  for  damages  or  costs 
to  which  the  City  may  be  put  by  reason  of  injury  to  person  or  property 
of  another  resulting  from  negligence  or  carelessness  in  the  performance 
of  the  work.  , 

Sec.  520.  Every  contract  for  supplies  or  work  by  The  City  of  Xew 
York  shall  be  executed  by  the  contractor  or  contractors  to  whom  the  same 
mav^  be  awarded,  and  shall  he  accompanied  by  a  bond  in  the  penalties 
mentioned  in  the  proposals,  therefor,  executed  by  the  persons  or  company 
consenting  to  become  hound  as  sureties,  or  by  such  other  persons  or  com- 
pany as  shall  he  substituted  therefor,  with  the  consent  of  the  head  of  the 
department  making  sueh  contract,  conditioned  for  faithful  performance 
of  the  contract  and  every  provision  therein  contained,  and  which  bond 
shall  be  accompanied  by  the  oath,  in  writing,  of  the  person,  signing  the 
■same,  that  each  is  a  householder  or  freeholder  in  The  City  of  Xew  York, 
and  of  the  person  or  any  officer  of  such  company,  that  he  or  it  is  worth 
the  amount  of  the  security  required  for  the  completion  of  the  contract  and 
stated  in  the  proposals,  as  hereinafter  prescribed.    And  it  shall  be  the 


io8        O RDIN  A  N C E S  < )  F  T 1 1  E  G I T  V  O  P  X E W  YORK 


duty  of  the  Comptroller  to  require  such  sureties  to  be  further  examined 
before  himself  or  an  officer  authorized  in  administer  oaths  deputed  by 
him  in  respect  to  the  items  and  details  of  their  property,  before  approving 
the  adequacy  and  sufficiency  of  such  sureties.  And  the  several  depart- 
ments of  the  City  government  ami  officers  aforesaid  by  which  every  and 
each  contract  for  work  to  be  done  for  The  City  of  New  York  shall  be 
made  in  pursuance  of  these  ordinances,  shall  have  power  and  it  shall  be 
their  duty  to  require  and  enforce  the  faithful  execution  of  each  and  every 
contract  so  made  by  them  ;  and  in  case  the  contractor  or  contractors  shall 
fail  in  any  respect  to  perform  the  work  which  he  or  they  have  contracted 
to  render  or  perform  within  the  time  limited  for  the  performance  of  the 
same,  then  it  shall  be  the  duty  of  such  department  or  officers  aforesaid 
having  charge  of  such  work  to  do  and  complete  the  same  in  the  manner 
provided  for  the  performance  of  the  same,  in  the  contract,  and  the  cost 
of  the  same  shall  be  a  charge  against  such  delinquent  contractor  or  con 
tractors;  provided,  however,  that  the  head  of  any  department  or  officers 
aforesaid,  by  whom  any  such  contract  shall  be  made,  may,  on  good  and 
sufficient  cause  extend  for  a  reasonable  time  the  period  fixed  for  the 
completion  thereof. 

Sec.  521.  Whenever  any  contract  shall  be  made  hereafter  by  any  of 
the  departments  or  officers  aforesaid  of  The  City  of  New  York  the 
amount  whereof  is  to  be  afterward  collected  by  assessment  from  the  prop- 
erty benefited  by  the  work  to  be  done  under  said  contract  it  shall  be  the 
duty  of  the  head  of  department  or  officers  aforesaid  making  such  contracts 
to  cause  to  be  inserted  therein  a  clause  that,  as  the  work  progresses,  pay- 
ments will  be  made  to  the  contractors  by  monthly  installments  of  70  per 
cent,  on  work  performed,  provided  the  amount  of  work  done  on  each 
installment  shall  amount  to  $1,500;  and  the  head  of  department  making 
such  contracts  shall  forthwith  tile  a  copy  thereof  with  the  Comptroller. 

Sec.  522.  Whenever  any  payment  shall  become  due  upon  any  con- 
tract, according  to  the  provisions  thereof  or  in  accordance  with  any  of 
the  provisions  of  these  ordinances,  it  shall  be  the  duty  of  the  head  of  de- 
partment or  officer  aforesaid  having  such  work  in  .-charge  lo  furjiish_4_he 
person  or  persons  entitled  to  such  payments  a  certificate,  in  writing,  spe- 
cifying the  contract  upon  which  such  payment  is  due  and  the  amownt  due 
upon  such  contract. 

Sec.  523.  It  shall  be  the  duty  of  the  Comptroller,  on  the  presentation 
of  such  certificate  being  made  to  him  to  pay  the  amount  thereof  and  in- 
dorse such  payment  upon  the  contract  upon  which  said  payment  is  made; 
but  no  payment  shall  be  made  upon  such  contract  beyond  the  amount 
thereof,  and  final  payment  thereon  shall  not  be  made  until  head  of  de- 
partment or  officer  aforesaid  having  such  work  in  charge  shall  furnish 
the  Comptroller,  who  shall  tile  the  same  in  his  office,  a  certificate  signed 
by  the  head  of  such  department  or  officer  aforesaid,  that  the  work  men- 


URDINANCES  OF  THE  CITY  OF  NEW  YORK. 


tioned  in  such  contract  has  been  completed  according-  to  the  terms  ot  ii< 
contract,  and  to  the  satisfaction  of  the  head  of  department  giving  »Uc1 
certificate. 

Sec.  524.    The  Comptroller  shall  keep  an  account  of  all  bonds  so  is 
sued,  specifying-  the  particular  work  on  account  of  which  the  same  may  b< 
issued;  and  all  moneys  collected  on  account  of  any  work  for  the  payment 
of  which  said  bonds  were  issued  shall  be  faithfully  applied  as  aforesaid. 

Sec.  525.  Each  and  every  contractor  shall  be  required  to  haw  an 
affidavit  from  the  surveyor,  setting  for  the  amount  of  work  done,  of  every 
description,  that  may  be  charged  in  each  bill  or  assessment  list  of  said 
contract;  and  said  affidavit  shall  be  attached  to  said  assessment  list.  Th< 
inspector  shall  also  furnish  an  affidavit  attached  to  each  contract  that  the 
work  is  done  according  to  the  plans  and  specifications,  said  affidavit  to  b< 
attached  to  each  assessment  list  before  presented  for  confirmation. 

Sec.  526.  In  all  cases  of  delinquency  in  the  payment  of  any  assess 
merit  for  work  done  under  a  contract  made  by  any  contractor  with  The 
City  of  New  York  in  respect  to  any  street  or  road,  and  in  respect  to 
building  of  wharves,  piers,  slips  and  sewers  in  this  City,  and  in  all  such 
like  contracts  on  a  final  settlement  with  every  such  contractor,  there  shall 
be  allowed  and  paid  to  such  contractor  all  interest  money  which  shall  have 
been  collected  on  his  account  or  contract,  first  deducting  the  collector's 
commissions  on  so  much  of  the  said  interest  as  shall  have  been  col- 
lected and  received  by  him. 

Sec.  527.  In  all  contracts  for  work  done  at  the  expense  of  and  by 
The  City  of  New  York  for  the  more  speedy  execution  of  any  by-laws, 
ordinances,  orders  or  directions  of  The  City  of  New  York,  and  which  by 
any  law  The  City  of  New  York  is  authorized  to  collect  by  assessment  or 
otherwise  from  the  owners  or  occupants,  lessees  or  parties  interested  in 
any  property  deemed  benefited  thereby,  provisions  shall  be  made  for  the 
payment  of  the  amount  of  said  contract,  on  the  completion  of  the  work, 
to  the  satisfaction  of  the  department  making  such  contract. 

Sec.  528.  It  shall  be  lawful  for  the  department  making  any  contract 
of  the  character  mentioned  in  the  preceding  section  of  this  article  to  make 
provision  for  the  payment  to  any  contractor  of  installments  on  account  of 
such  work,  as  the -same  progresses,  reserving  tlmuy  per  cent,  of  the  con- 
tract price  of  the  Avork  actually  done,  to  remain  as  security  till  the  whole 
work  be  completed  according  to  the  contract. 

13.    Transportation  of  Iron,  Steel  or  Other  Material  over  Street. 

Sec.  520.    All  rails,  pillars  and  columns  of  iron,  steel  or  other  mate 
rial,  which  are  being  transported  over  and  along  the  streets  of  The  City 
of  New  York  upon  carts,  drays  or  any  other  manner,  shall  be  so  loaded 
as  to  avoid  causing  loud  noises  or  disturbing  the  peace  and  quiet  of  sUch 
streets,  under  penalty  of  twenty-five  dollars  for  each  offense. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


14.    Walks  and  Bridges  Over  G 


Sec.  530.  It  shall  be  lawful  for  any  person  who  so  desires  to  place 
and  keen  a  bridge  over  the  gutter  in  front  of  any  building  other  than  those 
used  as  private  residences,  except  on  Broadway,  Fifth  avenue  and  Madison 
avenue,  on  the  following  conditions  :  First — Application  must  be  made  to 
the  Bureau  of  Licenses,  and  the  sum  of  one  dollar  per  annum,  dating  from 
the  granting  of  such  permit,  paid  for  the  privilege.  Second — Every  such 
bridge  shall  be  constructed  under  the  supervision  and  subject  to  the  di- 
rection of  the  President  of  the  Borough  in  which  the  same  shall  be  con- 
structed. Third — Every  such  bridge  shall  be  so  constructed  that  it  can 
b<  <  asjly  moved,  and  it  shall  be  the  duty  of  every  person  to  whom  such 
privilege  may  be  granted,  and  to  all  persons  now  enjoying  a  like-  privilege, 
to  clean  thoroughly,  or  cause  to  be  so  cleaned,  the  gutter  underneath  every 
such  bridge  on  Wednesday  of  each  week,  between  the  hours  of  sunrise 
and  9  o'clock  a.  m.  The  Mayor  may,  for  any  violation  of  this  ordinance, 
or  on  the  complaint  of  any  citizen,  or  for  any  cause  that  he  may  deem 
sufficient,  revoke  any  permit  so  granted,  or  like  privilege  now  enjoyed 
without  a  permit. 


Sec.  53 r.  No  person  shall  fire,  discharge  or  set  off  in  The  City  of 
New  York  any  rocket,  cracker,  torpedo,  squib,  balloon  or  other  fireworks, 
or  thing  containing  any  substance  in  a  state  of  combustion  under  the  pen- 
alty of  five  dollars  for  each  offense. 


Section  t .  The  terms  "Board,"  "this  Board"  and  "said  Board  '"  when- 
ever used  in  this  Code  shall  be  held  to  mean  the  "Board  of  Health  of  the 
Department  of  Health  of  The  City  of  New  York" ;  the  word  "Depart- 


15,    The  Discharge  of  Combustible  Substances. 


CHAPTER  14— THE  SANITARY  CODE. 
Definition  of  Terms; 


henever  used  1 
r  The  Citv  of  N 


t, 


spectively  pi 
and  all  own 
in  interest, 
sustain  the  : 
referred  to 
where  herei 
herein;  the 
herein,  shal 


\"  shall  rc- 
verallv,  each 


>r  phrase  any- 
vh en ever  used 


fr 


2  words  "City"  or  "this  City"  or  "said  City,"  whenever  used 
11  be  held  to  mean  The  City  of  New  York;  the  word  "regula- 
1  be  held  to  include  "special  regulations"  (which  latter  will  be 
to  time  issued,  and  will  contain  more  detailed  provisions  than 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


can  be  herein  conveniently  set  forth)  ;  the  word  "permit"  shall  be  con- 
strued to  mean  the  permission  in  writing  of  this  Board,  issued  according 
to  its  by-laws,  rules,  regulations  and  Sanitary  Code;  and  every  "report" 
*  herein  required  shall  he  held  to  be  a  report  in  writing,  signed  by  the  per 
son  (and  indicating  his  official  position)  who  makes;  the  same ;  the  word 
"light"  or  "lighted,"  shall  be  held  to  refer  to  natural,  external  light;  and 
all  words  and  phrases  herein  defined  shall  also  include  their  usual  and 
natural  meaning,  as  well  as  those  herein  especially  given. 

Sec.  2.  The  word  "street,"  when  used  in  the  Sanitary  Code,  shall  be 
held  to  include  avenues,  public  highways,  gutters  and  public  alleys;  and 
the  words  "public  place"  shall  be  held  to  include  parks,  piers,  docks, 
wharves,  and  water  and  open  spaces  thereto  adjacent,  and  also  public 
yards,  grounds  and  areas,  and  all  open  spaces  between  buildings  and 
streets,  in  view  of  such  streets ;  the  word  "ashes"  shall  be  held  to  include 
cinders,  coal  and  everything  that  usually  remains  after  fires ;  the  word 
"rubbish"  shall  be  held  to  include  all  the  loose  and  decayed  material  and 
dirt-like  substance  that  attends  use  or  decay,  or  which  accumulates  from 
building,  storing  or  cleaning;  the  word  "garbage"  shall  be  held  to  include 
swill  and  every  accumulation  of  both  animal  and  vegetable  matter,  liquid 
or  otherwise,  that  attends  the  preparation,  decay  and  dealing  in,  or  storage 
of  meats,  fish,  fowl,  birds  or  vegetables ;  and  the  word  "dirt"  shall  be  held 
to  mean  natural  .soil,  earth  and  stone. 

Sec.  3.  A  "tenement  house"  shall  be  taken  to  mean  and  include  every 
house,  building  or  portion  thereof,  which  is  rented,  leased,  let  or  hired 
out  to  be  occupied,  or.  is  occupied,  as  the  home  or  residence  of  three 
families  or  more  living  independently  of  each  other,  and  doing  their  cook- 
ing upon  the  premises,  or  by  more  than  two  families  upon  any  floor,  so 
living  and  cooking,  but  having  a  common  right  in  the  halls,  stairways, 
yards,  water  closets  or  privies  or  some  of  them.  A  "lodging  house" 
be  taken  to  mean  and  include  any  house  or  building,  or  portion  th 
in  which  persons  are  harbored  or  received  or  lodged  for  hire  for  a  single 
night  or  for  less  than  a  week  at  one  time,  or  any  part  of  which  is  lei  for 
any  person  to  sleep  in  for  any  term  less  than  a  week.  A  "cellar"  shall  be 
taken  to  mean  and  include  every  basement  or  lower  story  of  a  building 
or  house  of  which  one-half  or  more  of  the  height  from  the  floor  t>>  the 
ceiling  is  below  the  level  of  the  street  adjoining.  The  phrase  "boarding 
house"  shall  be  held  to  include  every  building,  and  every  story  and  por- 
tion thereof,  which  is  at  any  time  or  usually  used,  leased  or  occupied,  or 
intended  so  to  be,  by  any  number  of  persons  exceeding  ten,  as  boarders 
thereat.  The  word  "manufactory"  shall  be  held  to  include  every  building, 
and  every  story  and  portion  thereof,  in  which  any  sort  of  labor  or  work 
is  done,  which  calls  for  the  continual  or  usual  presence  of  several  persons 
during  several  hours  of  the  day  or  night,  engaged  about  said  work  or 
labor;  and  the  word  "saloon"  shall  be  held  to  include  every  portion  of 


1 1  2 


ORDINANCES  OK  THE  CITY  OK  NEW  YORK. 


any  building  in  which  the  business  of  selling  meals,  liquors,  drinks  or  re- 
freshments of  any  kind  shall  be  conducted,  and  includes  "concert  saloons." 

Sec.  4.    The  term  "theatre"  shall  be  held  to  include  the  building, 
rooms  and  place  where  any  play,  concert,  opera,  circus,  trick  or  jugglery 
show,  gymnastic  or  other  exhibition,  masquerade,  public  dance,  drill,  lec 
ture,  address  or  other  public  or  frequent  gathering  or  amusement,  are,  is 
or  may  be  held,  given,  performed  or  take  place,  and  the  approach  or  ap 
proaches  thereto,  and  appurtenances  thereof. 

Sec.  5.  The  word  "physician"  shall  include  every  person  who  practices 
about  the  cure  of  the  sick  or  injured,  or  who  has  the  charge  of,  or  pro- 
fessionally prescribes  for,  any  person,  sick,  injured  or  diseased,  and  any 
person  who  pursues  the  business  of  or  acts  as  midwife;  and  the  phrase 
'  infectious  disease"  shall  be  held  to  include  all  diseases  of  an  infectious, 
contagious  or  pestilential  nature. 

Sec.  6.  The  word  "meat"  whenever  herein  used,  includes  every  part 
of  any  land  animal  and  eggs  (whenever  mixed  or  not  with  any  other  sub- 
stance) ;  and  the  word  "fish"  includes  every  part  of  any  animal  that  lives 
in  water,  or  the  flesh  of  which  is  not  meat;  and  the  word  "vegetable"  in- 
cludes every  article  of  human  consumption  as  food  (not  being  meat,  or 
fish,  or  milk)  is  held  or  offered  or  intended  for  sale  or  consumption  as 
food  for  human  beings,  at  any  place  in  said  City ;  and  all  fish  and  meat 
found  therein  shall  be  deemed  to  be  therein  and  held  for  such  sale  or 
consumption  as  such  food,  unless  the  contrary  be  distinctly  proved. 

Sec.  7.  The  word  "cattle"  shall  be  held  to  include  all  animals,  ex- 
cept birds,  fowl  and  fish,  of  which  any  part  of  the  body  is  used  as  food; 
1  he  word  "butcher"shall  be  held  to  include  whoever  is  engaged  in  the 
business  of  keeping,  driving  or  slaughtering"  any  cattle  or  in  selling  am 
meat;  the  words  "private  market"  shall  include  every  store,  cellar,  stand 
and  place  (not  being  a  part  of  a  public  market)  at  which  the  business 
is  the  buying,  selling  or  keeping  for  sale  of  meat,  fish  or  vegetables  for 
human  food. 

Misfeasance  and  Nonfeasance. 

Sec.  8.  No  person  shall  carelessly  or  negligently  do  or  devise  or  con- 
tribute to  the  doing  of  any  act  or  thing  dangerous  to  the  life,  or  detri- 
mental to  the  health  of  any  human  being  nor  shall  any  person  knowingly 
do  or  advise  or  contribute  to  the  doing  of  any  such  act  or  thing  (not 
actually  authorized  by  law),  except  with  justifiable  motives,  and  for  ade- 
quate reasons;  nor  shall  any  person  omit  to  do  any  act,  or  to  take  any 
precaution,  reasonable  and  proper,  to  prevent  or  remove  danger  or  detri- 
ment  to  the  life  or  health  of  any  human  being. 

Obedience  to  Ordinances  and  Regulations. 

Sec.  9.  Every  contractor  in  these  ordinances  referred  to  and  every 
person  who  has  contracted  or  undertakes,  or  is  bound  to  do.  or  is  engaged 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  nj 


ill  doing  an>  one  of  the  things,  in  respect  of  which  these  ordinances  contain 
provisions  or  regulations,  shall  comply  with  these  ordinances,  to  the  extent 
that  any  contract,  obligation  or  duty  requires  or  permits;  and  no  direction 
of  any  contractors  or  persons  shall  excuse  him  for  a  non  compliance  with 
my  of  said  ordinances. 

Sec.  10.  It  is  hereby  declared  to  be  the  duty  of  every  owner  and  part 
owner  and  person  interested,  and  of  every  lessee,  tenant  and  occupant  of 
or  in  any  place,  water,  ground,  room,  stall,  apartment,  building,  erection, 
vessel,  vehicle.,  matter  and  thing  in  The  City  of  New  York,  and  of  every 
person  conducting  or  interested  in  business  therein  or  threat,  and  of  every 
person  who  has  undertaken  to  clean  any  place,  ground  or  street  therein, 
and  of  every  person,  public  officer  and  department  having  charge  of  any 
ground,  place,  building  or  erection  therein,  to  keep,  place  and  preserve  the 
same  and  the  sewerage,  drainage  and  ventilation  thereof  in  such  condition, 
and  to  conduct  the  same  in  such  manner  that  it  shall  not  be  a  nuisance  or 
be  dangerous  or  prejudicial  to  life  or  health.  The  term  "building,"  as 
nsed  in  this  section,  includes  a  railway  car,  booth.,  tent,  shop  or  other 
erection  or  enclosure. 

Sec.  ii.  Every  person  shall  observe  and  obey  each  and  every  special 
regulation  and  every  order  of  this  Board  that  is  or  may  be  made,  for 
carrying  into  effect  any  of  the  ordinances  or  powers  hereinbefore  or  here- 
inafter contained,  or  any  law  of  this  State  or  otherwise,  whether  issued 
directly  by  the  Board,  or  promulgated  by  any  Bureau  charged  therewith, 
ts  if  the  same  had  been  herein  inserted  at  length. 

Sec.  12.  No  person  sliall  omit  or  refuse  to  comply  with,  or  resist,  any 
of  the  provisions  of  the  Sanitary  Code,  or  any  of  the  rules,  orders,  sani- 
tary regulations,  or  ordinances  established  or  declared  by  this.  Board  under 
or  pursuant  to  any  of  the  provisions  of  the  seventy-fourth  chapter  of  the 
Laws  of  1866;  or  of  chapter  686  of  the  Laws  of  1866;  or  of  chapter  956 
of  the  Laws  of  1867;  or  of  chapter  335  of  the  Laws  of  1873;  or  of  chapter 
757  of  the  Laws  of  1873  ;  or  of  chapter  636  of  the  Laws  of  1874;  or  of 
chapter  378  of  the  Laws  of  1897;  or  of  chapter  466  of  the  Laws  of  1901  ; 
nor  shall  any  person  refuse  or  neglect  to  comply  with  any  of  the  pro 
visions  of  the  said  laws  in  so  far  as  the  same  arc-  now  in  force  and  ap 
plicablc  to  The  City  of  \'ew  York;  or  omit,  refuse  or  neglect  the  execu- 
tion of  any  order  or  special  regulation  of  this  Department;  no  person  shall 
interfere  with  or  obstruct  any  Inspector  of  this  Department  when  making 
the  inspections  or  examinations  ordered  by  this  Board,  or  when  executing 
its  orders. 

Sec.  13.     The  owner,  lessee,  tenant,  and  occupant  of  any  build 
ing  or  premises,  or  of  any  part  thereof,  where  there  shall  be  a  nui- 
sance, or  a  violation  of  any  ordinance  or  section  of  the  Sanitary  Code, 
shall  be  jointly  and  severally  liable  therefor,  and  each  of  them  may 
be  required  to  abate  the  nuisance,  or  complj   with  the  order  of  the 


ii4        ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

Board  of  Health  in  respect  to  the  premises  or  the  part  thereof,  of 
which  such  person  is  owner,  lessee,  tenant  or  occupant. 

Sec  14.  Whenever  a  nuisance  in  any  place  or  upon  any  premises 
in  The  City  of  New  York  shall  have  been  found  or  declared  by  reason 
of  the  Board  of  Health  to  exist,  and  an  order  shall  have  been  made 
directing  the  owner,  lessee.,  tenant  or  occupant  of  such  premises  to 
make  suitable  and  necessary  repairs  or  improvements,  or  to  abate  the 
said  nuisance,  such  repairs  or  improvements  shall  be  made,  and  such 
nuisance  shall  be  fully  abated  within  the  time  specified  in  and  by  said 
order. 

False  Statements, 

Sec.  15.  No  person  shall  make  any  false  or  untruthful  statement 
in  any  application  for  a  permit  from  the  Board  of  Health. 

Dwellings,  Lodging-Houses  and  Other  Buildings,  Ventilation,  Drain- 
age and  Plumbing. 

Sec.  16.  No  person  shall  hereafter  erect,  or  cause  to  be  erected 
or  converted  to  a  new  purpose  by  alteration,  any  building  or  struc- 
ture, or  change  the  construction  of  any  part  of  any  building  by  addi- 
tion or  otherwise,  so  that  it,  or  any  part  thereof,  shall  be  inadequate 
or  defective 'in  respect  to  strength,  ventilation,  light,  sewerage,  or  any 
other  usual,  proper,  or  necessary  provision  or  precaution  for  the 
security  of  life  and  health;  and  no  person  shall  make  or  use  a  smoke 
house  or  room,  or  apparatus  for  smoking  meat,  without  a  permit 
from  the  Board  of  Health,  and  subject  to  the  conditions  thereof,  nor 
shall  the  builder,  owner,  lessee,  tenant  or  occupant  of  any  such,  j>r 
of  any  other  building  or  structure,  cause  or  allow  any  matter  or  thing 
to  be  or  be  done  in  or  about  any  such  building  or  structure  danger- 
ous or  prejudicial  to  life  or  health. 

Sec.  17.  No  owner  or  lessee  of  any  building  «>r  any  part  thereof, 
shall  lease  or  let  or  hire  out  or  allow  the  same  or  any  portion  thereof 
to  be  occupied  by  any  person,  or  allow  any  one  to  dwell  or  lodge 
therein,  except  when  said  building  or  such  parts  thereof  are  suffi- 
ciently lighted,  ventilated  provided  and  accommodated,  and  are  in 
all  respects  in  that  condition  of  cleanliness  and  wholesomeness  for 
which  this  Code  or  any  law  of  this  State  provides,  or  in  which  they 
or  either  of  them  require  any  such  premises  to  be  kept.  Nor  shall 
any  such  person  rent,  let,  hire  out,  or  allow,  having  power  to  pre- 
vent the  same,  to  be  used  as  or  for  a  place  of  sleeping  or  residence, 
any  portion  or  apartment  of  any  building,  which  apartment  or  por- 
tion has  not  at  least  two  feet  of  its  height  and  -pace  above  the  level 
of  every  part  of  the  sidewalk  and  curbstone  of  any  adjacent  street, 
none  of  which  the  floor  is  damp  by  reason  of  water  from  the  ground, 
or  which  is  impregnated  or  penetrated  by  any  offensive  gas,  smell, 


ORDINANCES  OF  THE  CITY  OK  NEW  YORK 


or  exhalation  prejudicial  to  health.  But  this  section  shall  not  prevent 
the  leasing,  renting,  or  occupancy  of  cellars  or  room-  less  elevated 
than  aforesaid,  and  as  a  part  of  any  building  rented  or  let,  when 
they  arc  not  let  or  intended  to  be  occupied  or  used  by  any  person  as 
a  sleeping  apartment,  or  as  a  principal  or  sole  dwelling  apartment. 

Sec.  18.  No  person  having  the  right  and  power  to  prevent  the 
same  shall  knowingly  cause  or  permit  an)'  person  to  sleep  or  remain 
in  any  cellar,  or  in  any  bathroom,  or  in  any  room  where  there  is  a 
water-closet,  or  in  any  place  dangerous  or  prejudicial  to  life  or 
health,  by  reason  of  a  want  of  ventilation  or  drainage,  or  by  reason 
of  the  presence  of  any  poisonous,  noxious,  or  offensive  odor«  or  sub- 
stance or  otherwise. 

Sec.  19.  No  owner,  lessee,  or  keeper  of  .any  tenement-house, 
lodging-house,  boarding-house,  or  manufactory,  shall  cause  or  allow 
the  same  to  be  overcrowded  or  cause  or  allow  so  great  a  number 
of  persons  to  dwell,  be  or  sleep  in  an)-  such  house,  or  any  portion 
thereof,  as  thereby  to  cause  any  danger  or  detriment  to  life  or  health. 

Sec.  20.  Every  person  who  shall  be  the  owner,  lessee,  keeper 
or  manager  of  any  tenement-house,  boarding-house,  lodging-house, 
or  manufactory,  provide  or  cause  to  be  provided,  for  the  accom- 
modation thereof  and  for  the  use  of  the  tenants,  lodgers,  boarders 
and  workers  thereat,  adequate  privies,  or  water-closets,  and  the  same 
shall  be  adequately  ventilated,  and  shall  at  all  times  be  kept  in  such 
cleanly  and  wholesome  condition  as  not  to  be  offensive,  or  be  dan- 
gerous or  detrimental  to  life  or  health.  And  no  offensive  smell  or 
gases,  from  or  through  any  outlet  or  sewer,  or  through  any  such 
privy  or  water-closet,  shall  be  allowed  by  any  person  aforesaid  to 
pass  into  such  house  or  any  part  thereof,  or  into  any  other  house 
or  building. 

Sec.  21.  For  all  lodging-houses  in  The  City  of  New  York  con- 
taining rooms  in  which  there  are  more  than  three  beds  for  the  use 
of  lodgers  or  in  which  more  than  six  persons  are  allowed  to  sleep, 
a  permit  from  the  Board  of  Health  shall  be  required,  and  no  person 
shall  have,  lease,  let  or  keep  any  such  lodging-house  or  the  lodgings 
therein,  or  assist  in  keeping,  hire,  or  assist  in  hiring,  or  conduct  the 
business  of  any  such  lodging-house,  or  the  lodgings  therein,  except 
pursuant  to  the  terms  and  conditions  of  such  permit.  The  beds  in 
all  lodging-houses  and  in  every  room  in  which  beds  arc  let  for 
lodgers  shall  be  separated  by  a  passageway  of  not  less  than  two  feet, 
horizontally,  and  all  the  beds  shall  be  arranged  that  under  each  one 
of  them  the  air  shall  freely  circulate  and  there  shall  be  adequate 
•  ventilation.  Four  hundred  cubic  feet  of  air  space  shall  be  provided 
and  allowed  for  each  bed  or  lodger. 

Fee.  22.  Every  owner,  lessee,  tenant  and  manager  of  any  board- 
ing-house  of   manufactory,   shall   cause   every   part    thereof   and  its 


u6        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

appurtenances  to  be  put,  and  .shall  thereafter  cause  the  same  to  be 
kepi,  in  a  cleanly  and  wholesome  condition,  and  shall  cause  every 
room  thereof  in  which  any  person  may  sleep,  dwell  or  work,  to  be 
adequately  lighted  and  ventilated;  and,  if  the  same  he  a  manufactory, 
shall  cause  every  part  thereof  in  which  any  person  may  work,  to  be 
maintained  al  such  temperature,  and  be  provided  with  such  accom- 
modations and  safeguards  as  not,  by  reason  of  the  want  thereof,  or 
of  anything  about  the  condition  of  such  manufactory  or  its  appurte- 
nances, to  cause  any  unnecessary  danger  or  detriment  to  the  life  or 
health  of  any  person  being  properly  therein  or  thereat. 

Sec.  23.  All  filthy  and  dirty  walls  and  ceilings  of  any  building, 
including  the  walls  and  ceilings  of  the  cellar  thereof,  shall  be  thor- 
oughly cleaned  and  whitewashed  whenever  required  bv  the  Board 
of  Health. 

Sec.  24.  The  roofs  and  skylights  of  all  buildings  shall  be  kept  in 
a  condition  of  repair  so  that  rain  water  shall  not  enter  the  building 

Sec.  25.  No  master  or  teacher,  or  manager  of  or  in  any  school, 
public  or  private,  or  of  or  in  any  Sunday  school  or  gymnasium,  or  the 
officers  or  managers  thereof,  or  officers  or  managers  or  persons  hav- 
ing charge  of  any  place  of  public  worship,  shall  so  far  omit  or  neglect 
any  duty  or  reasonable  care  or  precaution  respecting  the  safety  or 
health  of  any  scholar,  pupil  or  attendant,  or  respecting  the  tempera 
lure,  ventilation  or  cleanliness  or  strength  of  any  church,  hall  of  wor- 
ship,  school  house,  school  room  or  place  of  practice  or  exercise,  or 
relative  to  anything  appurtenant  thereto,  as  that  by  reason  of  such 
neglect  or  omission,  the  life  or  health  of  any  person  shall  suffer  or 
incur  any  avoidable  peril  or  detriment,  and  no  day  nursery  shall  be 
conducted  in  The  City  of  New  York  without  a  permit  from  the  Board 
of  Health. 

Sec.  26.  Every  keeper  or  proprietor  of  a  hotel  or  boarding- 
house,  and  every  other  person  having  for  use  a  bathing-house  upon 
any  beach  or  shore  of  the  ocean,  for  the  accommodation  of  hi- 
guests  or  other  persons  for  pay,  shall  provide  for  the  safety  of  such 
bathers  two  lines  of  sound,  serviceable  and  strong  manilla  or  hemp 
rope  not  less  -than  one  inch .  in  diameter,  anchored  at  some  point 
above  high  water,  at  the  same  distance  apart  as  the  line  of  bathing- 
houses,  or  space  fronting  on  such  beach  occupied  by  him  is  in  width: 
and  from  the  two  points  at  which  such  life  lines  are  so  anchored, 
such  line  shall  be  made  to  extend  as  far  into  the  surf  as  bathing  is 
ordinarily  safe  and  free  from  danger  of  drowning  to  persons  not 
expert  in  swimming,  and  at  such  points  of  safety  such  lines  shall 
be  anchored  and  buoyed.  From  the  two  points  of  such  lines  so 
extended,  anchored  and  buoyed,  a  third  line  shall  be  extended,  con 
necting  the  two  extremities,  and  buoyed  at  such  points  as  to  be 
principally  above  the  surface  of  the  water,  thereby  inclosing  a  space 


ORDINANCES  OF  THE  CITY  O*  MEW  YORK. 


within  such  lines  and  the  beacli  within  which  bathing  is  believed  t< 
be  safe.     Every  such  keeper  or  proprietor  <>r  other  such  person 
shall  cause  to  be  painted  and  put  up  in  some  prominent  place  upon 
the  beach,  near  such  bathing-houses,  the  following  words:  "Bathing 
beyond  the  lines  dangerous."     Such  lines  so  placed,  anchored  and 
buoyed  and  such  notice  so  put  up,  shall  continue  and  be  so  main 
tained  by  ever}'  such  keeper,  proprietor  or  oilier  person  during  th< 
entire  season  of  surf  bathing.    The  owner  of  a  bathing-house  shall 
not  be  subject  to  the  provisions  of  this  section  where  it  is  used,  occu- 
pied or  maintained  by  a  lessee  for  hire,  but  such  lessee  shall  b< 
deemed  the  keeper  or  proprietor  thereof.    No  bathing  establishment 
shall  be  maintained  in  The  City  of  New  York  or  along  the  water 
front  of  said  City  without  a  permit  from  the  Board  of  Health. 

Sewerage  and  Drainage. 

Sec.  27.  Every  person  using,  making  or  having  any  drain  soil 
pipe,  passage  or  connection  between  any  sewer  (or  with  any  river 
or  other  body  of  water)  and  any  ground,  building,  erection  or  place 
of  business,  and  in  like  manner  every  owner  or  tenant  of  any  groundsT 
buildings  or  erections,  and  every  person  interested  in  such  plac*.  <>* 
business  or  the  business  thereat,  and  in  like  manner  every  Board,. 
Department,  officer  and  person  (to  the  extent  of  the  right  and  author- 
ity of  each),  shall  cause  and  require  such  drain,  soil  pipe,  passage 
and  connection  to  be  at  all  times  adequate  lor  its  purpose,  and  t< 
convey  and  allow,  freely  and  entirely,  to  pass  whatever  enters  or 
should  enter  the  same;  and  no  change  shall  be  made  of  the  drainage, 
sewerage  or  the  sewer  connection  of  any  house  or  premises,  in  vol  v 
ing  changes  in  the  drainage,  sewerage  or  sewer  connection  of  an> 
other  house  or  premises  unless  at  least  thirty  days'  notice  thereof  in 
writing  shall  have  been  previously  given  to  this  Department,  and  to 
the  owner  or  occupant  of  the  premises  affected  by  such  change. 

Sec.  28.  It  shall  be  the  duty  of  all  Boards,  Departments,  officers 
and  persons  having  power  and  authority  so  to  do  or  require  (and  to 
the  extent  thereof)  to  cause  sufficient  water  to  be  used,  and  other 
adequate-'-nieans  to  be  taken,  so  that  whatever  substances  may  enter 
any  sewer  shall  pass  speedily  along  and  from  the  same,  and  sufti 
ciently  far  into  some  water  or  proper  -reservoir,  that  no  accumula- 
tions shall  take  place,  and  no  exhalations  proceed  therefrom,  dan- 
gerous or  prejudicial  to  life  or  health. 

Sec.  20.  No  brick,  sheet  metal  or  earthenware  material  or  chim- 
ney flue  shall  be  used  as  a  sewer  ventilator,  or  to  ventilate  any  trap, 
drain,  soil  or  waste  pipe. 

Sec.  30.  The  soil,  waste  and  vent  pipes  in  an  extension  to  any 
building  must  be  extended  above  the  roof  of  the  main  building  if 
within  30  feet  of  the  front  or  rear  windows  of  the  main  building  or 


ti8        ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


of  an  adjoining  building,  or  if  so  located  as  to  cause  a  nuisance. 

Sec.  31.  All  joints  in  iron  drain  pipes,  soil  and  waste  pipes,  must 
t>e  filled  with  oakum  and  lead  and  hand  caulked  so  as  to  make  them 
gas  tight.  All  connections  of  lead  with  iron  pipes  must  be  made  with 
a  brass  sleeve  or  ferrule  of  the  same  size  as  the  lead  pipe,  put  in 
the  hub  of  the  branch  of  the  iron  pipe,  and  caulked  with  lead.  The 
lead  pipe  must  be  attached  to  the  ferrule  by  a  wiped  or  overcast  joint. 
All  connections  of  lead  waste  and  vent  pipes  shall  be  made  by  means 
of  wiped  joints. 

Sec.  32.  All  house  drains,  waste,  soil  and  vent  pipes,  traps  and 
water  pipes  in  any  building  and  premises  shall  at  all  times  be  kept  in 
good  order  and  repair,  so  that  no  gases  or  odors  shall  escape  there- 
from and  so  that  the  same  shall  not  leak. 

Sec.  33.  Every  water  closet,  urinal,  sink,  basin,  wash  tray,  bath 
and  every  tub  or  set  of  tubs  and  hydrant  waste  pipe  must  be  sep- 
arately and  effectively  trapped;  except  where  a  sink  and  wash  tubs 
immediately  adjoin  each  other,  in  which  case  the  waste  pipe  from 
the  tubs  may  be  connected  with  the  inlet  side  of  the  sink  trap.  Traps 
must  be  placed  as  near  the  fixtures  as  practicable,  and  in  no  case 
shall  a  trap  be  more  than  two  feet  from  the  fixture.  In  no  case  shall 
the  waste  from  a  bath  tub  or  other  fixture  be  connected,  water  sup- 
the  waste  from  a  bath  tub  or  other  fixture  be  connected  with  a  water 
closet  trap.    No  trap  vent  pipe  shall  be  used  as  a  waste  or  soil  pipe. 

Sec.  34.  No  drain  pipe  from  a  refrigerator  shall  be  connected 
with  the  soil  or  waste  pipe,  but  it  shall  discharge  into  a  properly 
trapped,  sewer-connected,  water  supplied  open  sink.  No  overflow 
pipe  from  a  tank  shall  discharge  into  any  soil  or  waste  pipe,  or 
water-closct  trap,  or  into  the  drain  or  sewer,  but  it  may  discharge 
upon  the  roof  or  into  an  open  water  supplied  tank. 

Sec.  35.  Rain  water  leaders  shall  be  sound,  tight  and  adequate 
lor  their  purpose,  and  shall  not  be  used  as  soil,  waste  or  vent  pipes, 
<>r  be  connected  therewith:  nor  shall  any  soil,  waste  or  vent  pipe  be 
used  as  a  leader.  When  within  the  house,  the  leader  must  be  of  cast 
iron,  with  leaded  joints:  when  outside  of  the  house  and  connected 
with  the  house  drain  it  must  be  trapped  beneath  the  ground  or  just 
inside  of  the  wall,  the  trap  being  arranged  in  either  case  so  as  to 
prevent  freezing.  In  every  case  where  a  leader  opens  near  a  window 
or  a  lightshaft,  it  must  be  properly  trapped  at  its  base.  The  joint 
between  a  cast  iron  leader  and  the  roof  must  be  made  gas  and  water 
tight  by  means  of  a  brass  ferrule  and  lead  or  copper  pipe  properly 
■connected. 

Sec.  36.  The  waste  or  soil  pipes  in  every  lodging-house  or  other 
•dwelling  in  The  City  of  New  York  shall  be  ventilated  by  extending 
the  same  by  means  of  a  pipe  of  the  same  size  to  the  height  of  not 
less  than  two  feet  above  the  roof  of  the  building. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  37.  No  privy  vault  or  cesspool  shall  be  allowed  to  remain 
on  any  premises,  or  shall  be  built  in  The  City  of  New  York,  unless 
when  unavoidable.  The  sides  and  bottom  of  every  privy  vault,  cess- 
pool or  school  sink  in  The  City  of  New  York  must  be  impermeable 
and  secure  against  any  saturation  of  the  walls  or  the  ground  above 
the  same.  No  water-closet  or  privy  shall  be  constructed  wtihout 
adequate  provision  for  the  effectual  and  proper  ventilation  and  cleans- 
ing thereof. 

Sec.  38.  No  person,  persons,  company  or  corporation  shall  cause, 
permit  or  allow  any  sewerage,  drainage,  factory  refuse  or  any  foul 
or  offensive  liquid  or  other  material  to  flow,  leak,  escape  or  be  emptied 
or  discharged  into  the  waters  of  any  river,  stream,  canal,  harbor,,  . 
bay  or  estuary,  or  into  the  sea  within  the  City  limits,  excepting  under 
low-water  mark,  and  in  such  manner  and  under  such  conditions  that  : 
no  nuisance  can  or  shall  be  caused  thereby  or  as  a  result  thereof. 

Street  Drainage. 

Sec.  39.    Every  person,  when  cleaning  any  street,  shall  clean,  , 
and  every  contractor  shall  cause  to  be  cleaned,  the  gutters  and  parts 
of  the  street  along  which  the  water  will  run,  before  using  any  water 
to  wash  the  same;  and  no  substance  that  could  be  before  scraped 
away  shall  be  washed  or  allowed  to  be  carried  or  be  put  into  the  . 
sewer  or  into  any  receptacle  therewith  connected. 

Sec.  40.  No  person  being  owner,  lessee,  tenant  or  occupant  of 
any  building  or  premises,  shall  allow  any  water  or  other  liquid  to 
run  from  or  out  of  such  building  or  premises  upon  or  across  any 
sidewalk  or  curbstone,  and  if  such  substance  is  allowed  to  pass  into 
any  street,  it  must  reach  the  same  by  a  passage,  to  be  kept  at  all  times 
adequate  and  in  repair,  under  or  through  such  flagstone  or  curbstone; 
and  no  water  or  other  liquid,  or  ice  therefrom,  shall  be  allowed  to 
gather  or  remain  on  the  upper  surface  of  such  curb,  flagstone  or 
passage;  nor  shall  such  person  allow  any  accumulation  of  such  water 
or  liquid,  or  the  ice  therefrom,  upon  any  street  or  place,  but  shall  at 
all  times  cause  the  same  to  be  removed  or  to  pass  along  the  gutter 
or  some  proper  passage  to  one  of  the  rivers  or  into  a  sewer. 

Sec.  41.  Every  owner,  tenant,  lessee  and  occupant  of  any  build- 
ing or  lot  (whether  vacant  or  occupied)  within  or  near  the  built-up- 
portions  of  said  City,  shall  keep  and  cause  to  be  kept  the  sidewalk 
and  flagging,  and  curbstone  in  front  thereof,  free  from  obstructions 
and  nuisances  of  every  kind,  and  shall  not  allow  anything  in  the  area 
or  yard  or  on  or  about  his  premises  to  become  a  nuisance,  or  dan- 
gerous or  prejudicial  to  life  or  health. 

Food  and  Drink. 
Sec.  42.    No  meat,  fish,  birds,  fowl,  fruit,  vegetables  or  milk  not 


j.2o        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


feeing  then  healthy,  fresh,  sound,  wholesome  and  safe  for  human  food, 
nor  any  meat  or  fish  that  died  by  disease  or  accident,  shall  be  brought 
into  The  City  of  New  York,  or  offered  or  held  for  sale  as  such  food 
anywhere  in  said  City,  nor  shall  any  such  articles  be  kept  or  stored 
therein. 

Sec.  43.  No  calf,  or  the  meat  thereof,  shall  be  brought  into  The 
City  of  New  York  or  held,  sold  or  offered  for  sale  for  human  food, 
which,  when  killed,  was  less  than  four  weeks  old,  or  when  killed  and 
dressed  weighs  less  than  forty-five  (45)  pounds.  No  pig,  or  the  meat 
thereof,  shall  be  brought  into  The  City  of  New  York,  or  held,  sold, 
or  offered  for  sale  for  human  food  which,  when  killed,  was  less  than 
five  weeks  old.  No  lamb,  or  the  meat  thereof,  shall  be  brought  into 
The  City  of  New  York,  or  held,  sold  or  offered  for  sale  for  human 
food  which,  when  killed,  was  less  than  eight  weeks  old.  Nor  shall 
any  meagre,  sickly,  or  unwholesome  fish,  birds  or  fowl  be  brought 
inte  said  City,  or  held,  sold  or  offered  for  sale  for  human  food. 

Sec.  44.  No  cattle  shall  be  killed  for  human  food  while  in  an 
overheated,  feverish  or  diseased  condition;  and  all  such  diseased 
-cattle,  in  The  City  of  New  York,  and  the  place  where  found  and 
their  disease,  shall  be  at  once  reported  to  this  Department  by  the 
owner  or  custodian  thereof,  that  the  proper  order  may  be  made  rel- 
ative thereto,  or  for  the  removal  thereof  from  said  City. 

Sec.  45.  The  body  of  any  animal  or  any  part  thereof,  which  is 
to  be  used  as  human  food,  shall  not  be  carted  or  carried  through  the 
streets  or  avenues,  unless  it  be  covered  to  protect  it  from  dust  and 
-dirt;  and  no  meat,  poultry,  game  or  fish  shall  be  hung  or  exposed 
.  for  sale  in  any  street  or  outside  of  any  s-hop  or  store,  or  in  the  open 
windows  or  doorways  thereof,  in  The  City  of  New  York.  No  meat 
or  dead  animal  above  the  size  of  a  rabbit  shall  be  taken  to  any  public 
or  private  market  to  be  sold  for  human  food  until  the  same  shall 
have  been  full}-  cooled  alter  killing,  nor  until  the  entrails,  head  and 
feet  (except  of  poultry  and  game  and  except  the  heads  and  feet  of 
-wine)  shall  have  been  removed. 

Sec.  46.  No  breadstuffs,  cake,  pastry,  dried  or  preserved  fruits, 
candies  or  confectionery  shall  be  kept,  sold  or  offered  for  sale  out- 
side of  a  building  in  The  City  of  New  York  or  in  any  street  or  public 
place,  unless  they  be  kept  properly  covered  so  that  they  shall  be  pro- 
tected from  dust  and  dirt. 

Sec.  47.  No  person,  being  the  manager  or  keeper  of  any  saloon, 
boarding-house  or  lodging-house,  or  being  employed  as  a  clerk,  ser- 
vant or  agent  thereat,  shall  therein  or  thereat,  offer  or  have  for  food 
or  drink,  or  to  be  eaten  or  drunk,  any  poisonous,  deleterious  or  un- 
wholesome substance,  nor  allow  anything  therein  to  be  done  or  to 
occur  dangerous  to  life  or  prejudicial  to  health. 


ORDINANCES  OK  THE  CITY  OV  NEW  YORK. 


See.  48.  No  meat,  fish,  fruit,  vegetable  or  milk  or  unwholesome 
liquid  shall  knowingly  be  bought,  sold,  held,  offered  for  sale,  labeled., 
or  any  representation  made  in  respect  thereof,  under  a  false  name  or 
quality  or  as  being  what  the  same  is  not,  as  respects  wholesomeness, 
soundness  or  safety  for  food  or  drink. 

Sec.  49.  Every  person,  being  the  owner,  lessee,  or  occupant  or 
any  room,  stall  or  place  where  any  meat.  fish,  fruit  or  vegetables- 
designed  or  held  for  human  food,  shall  be  stored  or  kept,  or  shall  be 
held  or  offered  for  sale,  shall  put  and  keep  such  room,  stall  and 
place,  and  its  appurtenances '  in  a  cleanly  and  wholesome  condition 
and  every  person  having  charge,  or  interested  or  engaged,  whether 
as  principal  or  agent,  in  the  care  or  in  respect  to  the  custody  or  saK- 
of  any  meat,  fish,  fruit,  birds,  fowl  or  vegetables,  designed  for  human 
food,  shall  put  and  preserve  the  same  in  a  cleanly  and  wholesome 
condition,  and  shall  not  allow  the  same,  or  any  part  thereof,  to  be 
poisoned,  infected,  or  rendered  unsafe  or  unwholesome  for  human 
food. 

Sec.  50.,  No  .butcher  or  .dealer,  shall  keep  in  any  market  any  re- 
frigerator or  ice-box,  unless  the  same  shall  be  lined  with  some  proper 
metallic  substance,  so  as  to  be  water  tight. 

Sec.  51.  In  the  sale,  or  keeping  for  sale,  of  any  beverage  or 
drink,  no  person  shall  keep  or  use  any  tap,  faucet,  tank,  fountain  or 
vessel,  or  any  pipe  or  conduit  in  connection  therewith,  which  shall 
be  composed  or  made,  either  wholly  or  in  part,  of  brass,  lead,  copper 
or  other  metal  or  metallic  substances  that  arc  of  will  be  affected  by 
liquids  so  that  dangerous,  unwholesome  or  deleterious  compouin^  are 
formed  therein  or  thereby,  or  such  that  beer,  soda  water,  syrup>  or 
other  liquids,  or  any  beverage,  drink  or  flavoring  material  drawn 
therefrom  shall  be  unwholesome,  dangerous  or  detrimental  to  health. 

Sec.  52.  No  person  shall  have  at  any  place  where  milk,  butter  01 
cheese  is  kept  for  sale,  nor  shall  at  any  place  sell,  deliver,  or  otter 
or  have  for  sale,  or  keep  for  use,  nor  shall  any  person  bring  or  Send 
to  said  City  any  unwholesome,  skimmed,  water  or  adulterated  milk 
or  milk  known  as  "swill-milk,"  or  milk  from  cows  or  other  animals 
that  for  the  most  part  have  been  kept  in  stables  or  that  have  beef: 
fed  in  whole  or  in  part  on  swill,  or  milk  from  sick  or  diseased  cows 
or  other  animals,  or  any  butter  or  cheese  made  from  any  such  mjlk, 
or  any  unwholesome  butter  or  cheese. 

Sec.  53.  No  milk  which  is  watered,  adulterated,  reduced  or 
changed  in  any  respect  by  the  addition  of  water  or  other  substance, 
or  by  the  removal  of  cream,  shall  be  brought  into  The  City  of  New 
York,  or  held,  kept,  sold  or  offered  for  sale  at  any  place  in  said  City 
nor  shall  any  one  keep,  have,  sell  or  offer  for  sale  in  the  said  City 
any  <?uch  milk. 


122        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

The  term  "adulterated  milk."  when  so  used  in  this  code,  means: 
First — Milk  containing  more  than  88  per  centum  of  water  or 
fluids. 

Second — Milk  containing  less  than  12  per  centum  of  milk  solids. 

Third — Milk  containing  less  than  3  per  centum  of  fats. 

Fourth* — Milk  drawn  from  animals  within  fifteen  days  before  or 
five  days  after  parturition. 

Fifth — Milk  drawn  from  animals  fed  on  distillery  waste,  or  any 
substance  in  a  state  of  fermentation  or  putrefaction,  or  on  any  un- 
wholesome food. 

Sixth — Milk  drawn  from  cows  kept  in  a  crowded  or  unhealthy 
condition. 

Seventh— rMilk  from  which  any  part  of  the  cream  has  been  re- 
moved. 

Eighth — Milk  which  has  been  diluted  with  water  or  any  other 
fluid  or  to  which  has  been  added  or  into  which  has  been  introduced 
any  foreign  substance  whatever. 

Ninth — Milk  the  temperature  of  which  is  higher,  than  50  degrees 
Fahrenheit. 

Sec.  54.  Any  milk  found  to  be  adulterated,  which. has  been 
brought  into  The  City  of  New  York,  or  is  held  or  offered  for  sale  in 
said  City,  may  be  seized  and  destroyed  by  any  Inspector  or  other 
officer  of  this  Department  authorized  to  inspect  same. 

Sec.  55.  No  condensed  milk  which  is  adulterated  shall  be  brought 
into  The  City  of  New  York,  or  held,  kept,  sold  or  offered  for  sale  at 
any  place  in  said  City,  nor  shall  any  one  have,  keep,  sell  or  offer  for 
sale  in  said  City  any  such  condensed  milk.  The  words  "condensed 
7nilk"  means  pure  milk  from  which  any  part  of  the  water  has  been 
removed  and  to  which  sugars  have  been  added.  The  term  "adul- 
terated," when  used  in  this  section,  refers  to  condensed  milk  in  which 
the  amount  of  fat  is  less  than  25  per  cent,  of  the  milk  solids  con- 
tained therein,  or  to  which  any  foreign  substance  whatever  has  been 
added,  excepting  sugars,  as  in  preserved  milks. 

Sec.  56.  No  milk  shall  be  received,  held,  kept,  offered  for  sale 
or  delivered  in  The  City  of  New  York  without  a  permit  from  the 
Board  of  Health  and  subject  to  the  conditions  thereof. 

Sec.  57.  No  cream  which  is  adulterated  shall  be  brought  into 
The  City  of  New  York  or  held,  kept,  sold  or  offered  for  sale  in  said 
City,  nor  shall  any  one  keep,  have,  sell,  or  offer  for  sale  in  said  City 
any  such  cream.  The  term  "cream"  means  the  fatty  portions  of  pure 
milk  which  rise  to  the  surface  when  the  milk  is  left  at  rest,  or  which 
are  separated  by  other  means.  The  term  "adulterated,"  when  used 
in  this  section,  refers  to  cream  to  which  any  foreign  substance 
whatever  has  been  added. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  58.  Upon  any  cattle,  milk,  meat,  birds,  fowl,  fish  or  vcg 
etables  being  found  by  an  Inspector  or  other  officer  of  this  Depart- 
ment in  a  condition  which  renders  them,  in  his  opinion,  unwholesome 
and  unfit  for  use  as  a  human  food,  or  in  a  condition  or  of  a  weigh  t 
or  quality  in  this  code  condemned  or  forbidden,  he  is  empowered, 
authorized  and  directed  to  immediately  condemn  the  same  and  cause 
it  to  be  removed  to  the  offal  or  garbage  dock  for  destruction,  and 
report  his  action  to  the  Department  without  delay. 

And  the  owner  or  person  in  charge  thereof,  wrhen  so  directed  by 
the  said  Inspector  or  by  an  order  of  the  Sanitary  Superintendent  or 
an  Assistant  Sanitary  Superintendent,  shall  remove,  or  cause  the  same 
to  be  removed,  to  the  place  designated  by  the  said  Inspectors  or 
the  order  of  said  Sanitary  Superintendent  or  Assistant  Sanitary  Super- 
intendent, or  to  the  offal  dock,  and  shall  not  sell  or  offer  to  sell  or 
dispose  of  the  same  for  human  food.  And  when,  in  the  opinion  of 
the  Sanitary  Superintendent  or  an  Assistant  Sanitary  Superintendent, 
any  such  meat,  fish,  fruits  or  vegetables  shall  be  unfit  for  human 
food,  or  any  such  animal,  cattle,  sheep,  swine  or  fowls,  by  reason  of 
disease  or  exposure  to  contagious  disease,  shall  be  unfit  for  human 
food,  and  improper  or  unfit  to  remain  near  other  animals,  or  to  be 
kept  alive,  the  Board  of  Health  may  direct  the  same  to  be  destroyedr 
as  dangerous  to  life  and  health,  and  may  order  any  such  animals, 
cattle,  sheep,  swine  or  fowls  to  be  removed  by  any  Inspector,  police 
officer  or  agent  of  this  Department,  to  be  killed  and  taken  to  the  offat 
dock. 

Sec.  59.  It  shall  be  the  duty  of  every  manufacturer,  importer  or 
other  person  who  manufactures  or  imports,  in  The  City  of  New  York, 
any  artificial  or  natural  or  mineral,  spring  or  other  water  for  drinking 
purposes,  to  file,  under  oath,  with  the  Department  of  Health,  the 
name  of  such  water  and  the  exact  location  from  which  it  is  obtained, 
together  with  the  chemical  and  bacteriological  analysis  thereof,  and, 
when  manufactured,  the  exact  formula  used  in  its  production,  giving 
qualitatively  and  quantitatively  each  and  every  item  entering  into  its 
composition.  No  person  shall  manufacture  or  bottle  mineral,  car- 
bonated or  table  waters  in  The  City  of  New  York  without  a  permit 
from  the  Board  of  Health. 

Sec.  60.  Every  butcher  or  milk  dealer,  and  their  agents,  shall 
allow  the  parties  authorized  by  this  Department  to  freely  and  fully 
inspect  the  cattle,  meats,  fish,  vegetables  and  milk  held  or  kept  by 
them,  or  intended  for  sale,  and  will  be  expected  to  answer  all  reason- 
able and  proper  questions  asked  by  such  persons  relative  to  the  con 
dition  thereof,  and  of  the  places  where  such  articles  may  be 

Water. 

Sec.  61.  No  person  shall  throw  or  allow  to  run  or  pass  into 
any  public  reservoir,  water  pipe  or  aqueduct,  or  into  or  upon  any 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


border  or  margin  thereof,  or  excavation  or  stream  therewith  con- 
nected, any  animal,  vegetable  or  mineral  substance  whatever;  nor 
shall  any  person  (having  power  or  right  to  prevent  the  same)  do  or 
permit  any  act  or  thing  that  will  impair  or  peril  the  purity  or  whole- 
someness  of  any  water  or  other  fluid  used  or  designed  as  a  drink, 
in  any  part  of  said  City;  nor  shall  any  person  bathe  or  (except  in  the 
discharge  of  a  public  duty)  put  any  part  of  his  person  into  such 
water;  nor  shall  any  unauthorized  person  open  any  erection  or  un- 
screw any  hydrant  holding  such  water. 

Sec.  62.  It  shall  be  the  duty  of  every  person,  officer,  Department 
and  Board  having  any  authority  and  control  in  regard  to  any  water 
designed  for  human  consumption  (and  within  the  proper  sphere  of 
the  duty  of  each  thereof)  to  take  all  usual  and  also  all  reasonable 
measures  and  precautions  to  secure  and  preserve  the  purity  and 
wholesomeness  of  such  water. 

Sec.  63.  Water  from  wells  in  the  Borough  of  Manhattan  shall 
not  be  used  for  drink;  nor  shall  such  water  be  used  for  any  purpose 
in  any  tenement  or  lodging-house,  hotel  or  manufactory  or  buildings 
ai  which  persons  are  living  or  employed,  or  in  which  there  are  offices, 
•or  a  restaurant  or  saloon,  without  a  permit  from  the  Board  of  Health. 
Water  from  wells  in  the  other  boroughs  of  said  City,  other  than  the 
public  water  supply,  shall  not  be  used  in  an}-  tenement  or  lodging- 
house,  hotel,  manufactory  or  buildings  in  which  persons  are  living 
or  employed,  or  in  which  there  are  offices  or  a  restaurant  or  saloon, 
without  a  permit  from  the  Board  of  Health. 

Sec.  64.  Xo  person  shall  destroy  or  in  anywise  injure  or  impair 
any  drinking  hydrant,  or  part  thereof,  in  the  said  City :  nor  shall  any 
person  interfere  with  the  use  or  enjoyment  of  the  water  therein,  or 
therefrom,  or  interrupt  the  flow  thereof,  nor  shall  any  person  put 
any  dirty,  poisonous,  medicinal  or  noxious  substance  into  or  near  said 
water  or  hydrant,  whereby  such  water  is  made  or  may  be  regarded 
as  dangerous  or  unwholesome  as  a  drink. 

Drugs.  Medicines,  Adulterations  and  Poisons. 

Sec.  65.  Xo  person  shall  make,  prepare,  put  up,  administer  or 
d^pense  any  prescription,  decoction  or  medicine  under  any  deceptive 
or  fraudulent  name,  direction  or  pretence;  nor  shall  an)'  ingredient  be 
substituted  for  another  in  any  prescription;  nor  shall  any  false  or 
deceptive  representation  be  made  by  any  person  to  any  other,  as  to 
the  kind,  quality,  purpose  or  effect  of  any  such  drug,  medicine,  decoc- 
tion, drink  or  other  article  offered  or  intended  to  be  taken  as  such 
food  or  medicine. 

Sec.  66.  No  poison  shall  be  sold  at  retail  by  any  person  in  The 
City  of  New  Yrork  without  having  affixed  to  the  bottle,  box,  parcel 
or  receptacle   containing   such   poison,   a   label  bearing  the  word 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  125 


"Ppi'son,"  distinctly  shown,  printed  or  1  written  in  red  ink.  together 
with  the  name  and  place  of  business  of  the  seller  and  the  name  of 
the  poison  printed  or  written  upon  such  bottle,  box.  parcel  or  recep- 
tacle in  plain,  legible  characters. 

Sec.  67.  No  phenol,  commonly  known  as  carbolic  acid,  shall  be 
sold  at  retail  by  any  person  in  The  City  of  New  York,  except  upon 
the  prescription  of  a  physician,  when  in  a  stronger  solution  than  5 
per  cent. 

Sec.  68.  No  person  shall  have,  sell  or  offer  for  sale  in  The  City 
of  New  York  any  food  which  is  adulterated.  The  term  "food,"  as 
herein  used,  shall  include  every  article  of  food  and  every  beverage 
used  by  man,  and  all  confectionery.  Food,  as  herein  defined,  shall  be 
deemed  adulterated: 

(a)  If  any  substance  or  substances  has  or  have  been  mixed  with 
it  so  as  to  reduce  or  lower  or  injuriously  affect  its  quality  or  strength. 

(b)  If  any  inferior  or  cheaper  substance  or  substances  have 
been  substituted  wholly  or  in  part  for  the  article. 

(c)  If  any  valuable  constituent  of  the  article  has  been  wholly  or 
in  part  abstracted. 

(d)  If  it  be  an  imitation  or  be  sold  under  the  name  of  another 
article. 

(e)  If  it  consists  wholly  or  in  part  of  diseased  or  decomposed  or 
putrid  or  rotten  animal  or  vegetable  substance,  whether  manufactured 
or  not,  or.  in  the  case  of  milk,  if  it  is  the  produce  of  a  diseased  animal. 

(f)  If  it  be  colored,  or  coated,  or  polished,  or  powdered,  whereby 
damage  is  concealed,  or  it  is  made  to  appear  better  than  it  really  is, 
or  of  greater  value. 

(g)  If  it  contains  any  added  poisonous  ingredient,  or  any  ingre- 
dient which  may  render  such  article  injurious  to  the  health  of  the 
person  consuming  it:  or  it  it  contains  any  antiseptic  or  preservative 
not  evident  and  not  known  to  the  purchaser  or  consumer. 

An  article  of  food  which  does  not  contain  any  ingredient  injurious 
to  health  shall  not  be  deemed  adulterated,  in  the  case  of  mixtures  or 
compounds  which  may  be  now,  or  from  time  to  time,  known  as  articles 
of  food  under  their  own  distinctive  names,  or  which  shall  be  labeled 
so  as  to  plain-ly  indicate  that  they  are  mixtures,  combinations,  com- 
pounds or  blends. 

Spirituous,  fermented  and  malt  liquors  shall  be  deemed  adulterated 
if  they  contain  any  substance  or  ingredient  not  normal  or  healthful 
to  exist  in  spirituous,  fermented  or  malt  liquors,  or  which  may  be 
deleterious  or  detrimental  to  health  when  such  liquors  are  used  as  a 
beverage. 

Confectionery  should  be  deemed  adulterated  if  it  contains  terra 
alba,  barytes,  talc  or  other  mineral  substances  or  poisonous  colors  or 
flavors,  or  other  ingredients  deleterious  or  detrimental  to  health. 


126        ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  69.  No  person  shall  manufacture,  produce,  compound,  brew, 
distill,  have,  sell  or  offer  for  sale  in  The  City  of  New  York  any  drug 
which  is  adulterated.  The  term  "drug,"  as  herein  used,  shall  include 
all  medicines  for  external  or  internal  use,  or  both.  Drugs,  as  herein 
defined,  shall  be  deemed  adulterated: 

(a)  If,  when  sold  by  or  under  a  name  recognized  in  the  United 
States  Pharmacopoeia,  it  differs  from  the  standard  of  strength,  quality 
or  purity  laid  down  therein. 

(b)  If,  when  sold  by  or  under  a  name  not  recognized  in  the 
United  States  Pharmacopoeia,  but  which  is  found  in  some  other 
pharmacopoeia,  or  other  standard  work  on  materia  medica,  it  differs 
materially  from  the  standard  of  strength,  quality  or  purity  laid  down 
in  such  work. 

(c)  If  its  strength  and  purity  fall  below  the  professed  standard 
under  which  it  is  sold. 

Cattle,  Horses.  Etc. 

Sec.  70.  Xo  cattle,  sheep,  swine,  horse,  goose,  mule,  or  any  dan- 
gerous or  offensive  animal,  shall  be  allowed  by  any  owner,  or  by  any 
person  having  charge  of  the  same  to  go  at  large  in  any  street  or 
public  place  in  The  City  of  New  Y7ork. 

No  pigs,  swine  or  cattle  shall  be  unloaded  from  any  cars  upon 
any  street  or  public  place  in  The  City  of  Xew  York,  except  pursuant 
to  a  permit  from  the  Board  of  Health. 

No  cattle,  pigs,  swine  or  sheep  shall  be  driven  to  any  slaughter- 
house in  the  Borough  of  Brooklyn,  except  between  the  hours  of 
eight  in  the  evening  and  one  hour  after  sunrise  of  the  next  morning; 
nor  shall  more  than  20  cattle,  or  more  than  100  pigs  or  swine,  or 
more  than  150  sheep,  be  driven  together;  and  they  shall  be  driven 
in  the  streets  and  avenues  (leading  toward  their  destination)  where 
they  will  least  endanger  the  lives  of  human  beings,  as  the  Department 
of  Health  may  designate;  provided,  that  when  the  landing  or  trans- 
portation of  cattle  shall  have  been  delayed  or  prevented  by  ice.  fog 
or  unavoidable  accident,  the  Board  of  Health  may,  at  its  discretion, 
give  a  permit  to  land  and  drive  such  cattle  at  other  hours  than  those 
designated  herein,  but  in  no  case  shall  cattle  be  driven  past  any 
school  or  church. 

Sec.  71.  Xo  cattle  shall  be  kept  in  any  place  where  the  ventila- 
tion is  not  adequate  and  the  water  and  food  are  not  of  such  quality 
and  in  such  condition  as  to  preserve  their  health,  safe  condition,  and 
wholesomeness  for  food. 

Sec.  72.  Xo  cows  shall  be  kept  in  The.  City  of  New  York  without 
a  permit  from  the  Board  of  Health.  Every  stable  and  place  where 
any  cows,  horses,  or  other  animals  may  be.  shall  be  kept  at  all  times 
in  a  cleanly  and  wholesome  condition,  and  properly  ventilated,  and 


ORDINANCES  OF  THE  CITY.  OF  NEW  YORK  127 


no  person,  shall  allow  any  animal  to  be  therein,' which  is  infected 
with  any  contagious  or  pestilential  disease. 

Sec.  73.  No  horses  shall  be  yarded  and  no  cattle,  swine,  or  sheep, 
geese  or  goats,  shall  be  kept  or  yarded  within  or  adjacent  to  the 
built-up  portions  of  The  City  of  New  York,  without  a  permit  from 
the  Board  of  Health. 

Sec.  74.  No  cattle,  with  or  without  their  young  calves,  shall  be 
led  through  or  along  the  streets  of  The  City  of  New  York  without 
a  permit  from  the  Board  of  Health  and  in  strict  accordance  with 
the  routes,  hours  and  conditions  prescribed  thereby:  and  no  person 
shall  lead,  or  attempt  to  lead,  or  cause  to  be  led,  any  cattle  otherwise 
than  singly,  one  person  with  each,  nor  upon  any  sidewalks  provided, 
however,  that  sheep  may  be  driven  on  route  prescribed  for  them, 
pursuant  to  the  terms  and  conditions  of  the  permits  issued  by  the 
Board  of  Health. 

Sec.  75.  No  cattle,  sheep,  swine  or  calves  shall  be  driven  in 
the  streets  or  avenues  of  the  Borough  of  Manhattan  without  a  permit 
from  the  Department  of  Health,  except  in  those  cases  where  the 
said  cattle,  sheep,  swine  or  calves  shall  be  landed  at  the  foot  of  the 
street  leading  to  the  slaughter-house  to  which  they  shall  be  destined, 
and  where  the  streets  shall  be  effectively  barred  or  closed,  so  as  to 
prevent  the  escape  of  such  cattle,  etc.,  during  the  transfer  from  the 
dock  to  the  slaughter-house.  No  cattle,  sheep,  swine  or  calves  shall 
be  landed  in  the  Borough  of  Manhattan  except  in  accordance  with 
the  provisions  and  restrictions  of  this  ordinance. 

No  cattle,  sheep,  swine  or  calves  shall  be  driven  in  the  Boroughs 
of  Brooklyn,  The  Bronx,  Queens  and  Richmond,  except  in  such 
streets  or  avenues  as  shall  be  set  apart  and  designated  by  the  Board 
of  Health. 

Sec.  76.  No  cellar  in  The  City  of  New  York  shall  be  occupied 
as  a  stable  for  horses,  cattle  or  other  animals,  without  a  permit  from 
the  Board  of  Health. 

Sec.  77.  No  cattle  shall  be  placed  or  carried,  while  bound  or  tied 
by  their  legs,  or  bound  by  their  necks,  in  any  vehicle  in  said  City, 
but  shall  be  allowed  freely  to  stand  in  such  vehicle  when  transported, 
and  while  being  therein. 

Sec.  78.  No  person  shall  take  or  drive  or  allow  to  go  or  be 
taken  (having  the  right  and  ability  to  prevent  the  same),  any  horse 
or  other  animal,  or  any  vehicle,  upon  any  sidewalk  or  foot-path  in 
front  of  any  building,  to  the  peril  of  any  person,  nor  shall  any  person 
block  -up  or  obstruct  any  street  or  place,  or  contribute  thereto. 

Fowls  and  Small  Animals. 

Sec.  79.  No  live  chickens,  geese,  ducks,  or  other  fowls  shall  be 
brought  into,  or  kept,  held,  or  offered  for  sale,  or  killed,  in  any  yard, 


128        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


area,  cellar,  coop,  building,  premises,  or  part  thereof,  or  in  any  public 
market,  or  an  any  sidewalk,  street,  or  other  place  within  the  built-up 
portions  of  The  City  of  New  Y7ork  without  a  permit  from  the  Board 
of  Health  and  subject  to  the  conditions  thereof. 

Sec.  80.  No  person  shall  sell  or  keep  for  sale  at  any  place  in 
The  City  of  New  York  any  dogs,  cats,  birds  or  other  small  animals 
without  a  permit  from  the  Board  of  Health. 

Secv  81.    No  live  pigeons  shall  be  kept  within  the  built-up  por 
tion  of  The  City  of  New  YTork  without  a  permit  from  the  Board  of 
Health  and  subject  to -the  conditions  thereof. 


Sec.  82.  No  person  shall  kill  or  dress  any  animal  or  meat  in 
any  market,  and  the  keeping  and  slaughtering  of  all  cattle  and  the 
preparation  and  keeping  of  all  meat  and  fish,  birds  and  fowl,  shall  be 
in  that  manner  which  is.  or  is  generally  reputed. .or  known  to  be, 
best  adapted  to  secure  and  continue  their  safety  and  wholesomeness 
as  food. 

Sec.  83.  The  business  of  slaughtering  cattle,  sheep,  swine,  pigs 
or  calves  shall  not  be  conducted  in  The  City  of  Xew  York  without  a 
permit  from  the  Board  of  Health.  Nor  shall  such  business  be  con 
ducted  unless  the  same  shall  be  in*  buildings  located  on  or  near  the 
water  front,  and  all  buildings  shall  be  constructed  so  as  to  receive 
all  stock  deliverable  thereat  from  boats,  cars,  or  transports,  and  to 
secure  the  proper  care  and  disposition  of  all  parts  of  the  slaughtered 
animals  upon  the  premises,  or  the  immediate  removal  thereof  by 
means  of  boats.  It  shall  not  be  unlawful,  however,  to  slaughter 
cattle,  sheep,  swine,  pigs  or  calves  in  the  Borough  of  Brooklyn,  at 
such  places  where  such  business  was  established  and  carried  on 
January  3,  [898. 

Sec.  84.  The  business  of  slaughtering  cattle,  sheep,  swine,  ptg> 
or  calves  in  the  Borough  of  Manhattan  shall  be  conducted  on  the 
west  side  of  the  borough,  between  the  north  of  the  middle  line  of  the 
block  between  West  Thirty-eighth  and  West  Thirty-ninth  streets  and 
the  south  side  of  West  Forty-first  street,  Eleventh  avenue  and  North 
River,  inclusive,  and  the  slaughtering  of  cattle,  sheep  or  calves  on 
the  east  side  of  the  borough  shall  be  between  the  north  of  the  middh 
line  of  the  block  between  East  Forty-second  and  East  Forty-third 


and  East  River,  inclusive. 

Sec.  85.  No  building  shall  be  erected  or  converted  into,  or  used 
as  a  slaughter-house  in  The  City  of  Xew  York  until  the  plans  thereof 
have  been  duly  submitted  and  approved  in  writing  by  said  Board, 
and  no  building  occupied  as  a  slaughter-house  or  any  part  thereof, 
or  any  building  on  the  same  lot  shall  be  occupied  at  any  time  as  a 


Slaughtering  and  Slaughter-Houses. 


street  and  the  south 


avenue 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  129 

dwelling  or  lodging-place;  and  every  such  building  shall  at  .ill  limes 
be  kept  adequately  and  thoroughly  ventilated. 

All  floors  where  any  meat;  refuse, -offal,  fertiliser  or  any  other 
materials,  derived  directly  or  indirectly  from  slaughtering  of  animals, 
are  treated  or  handled,  must  be  made  water  tight,". properly  drained 
and  sewer-connected,  and  the  walls  of  the  killing,  meat  dressing  and 
cooling  rooms' must  be  covered  to  the  height  of  6  feet  above  the  floor 
with  some  non-absorbent  material. 

The  yards,  other  than  where  cattle  are  kept,  must  be  cemented 
or  paved  so  as  not  to  absorb  liquid  filth,  and  be  so  graded  as  to  per- 
mit the  same  to  flow  into  the  sewer  opening. 

All  woodwork,  except  floors  and  counters,  must  be  painted  or 
whitewashed. 

Blood  from  slaughtered  animals  must  not  be  allowed  to  flow 
into  the  sewer  or  river,  but  while  still  fresh  must  be  treated  so  as 
not  to  become  offensive.  All  offensive  odors  arising  from  the  hand- 
ling of  meat  and  treating  of  and  earing  for  offal,  blood  or  any  other 
material  stored  or  manufactured,  must  be  cared  for  by  destruction 
or  condensation,  and  not  allowed  to  escape  into  the  outside  air. 

Sec.  86.  No  horses  shall  be  slaughtered  in  The  City  of  New 
York  without  a  permit  from  the  Board  of  Health. 

The  bringing  into  The  City  of  New  York  and  the  keeping  or 
selling  of  horse  flesh  for  food,  and  the  slaughtering  of  horses  for 
food  in  said  City  are  prohibited. 

Sec.  87.  No  offal  or  butcher's  refuse  shall  be  conveyed  through 
any  street  or  any  avenue  or  over  any  ferry  in  The  City  oi  New  York 
without  a  permit  from  the  Board  of  Health,  and  when  so  . conveyed 
must  be  in  tight  boxes,  barrels  or  receptacles,  and  tightly  covered 
so  that  no  odor  shall  escape  therefrom. 

No  offal  or  butcher's  refuse  shall  be  brought  into  The  City  of 
New  York.  . 

Offensive  Trades. 

Sec.  88.  No  person  shall  have  any  offensive  water  or  other 
liquid  or  >ubstance  on  his  premises  or  grounds,  to  the  prejudice  of 
life  or  health,  whether  for  use  in  any  trad;  or  otherwise;  and  no 
establishment  or  place  of  business  lor  tanning,  skinning,  or  scouring, 
or  for  dressing  Ir'des  or  leather,  or  for  carrying  on  any  offensive 
or  noisesome  trade  or  business,  .shall  hereafter  be  opened,  started, 
established  or  maintained  in  The  City  of  New  York,  without  a  permit 
from  the  Board  of  Health.  And  every  such  establishment  now 
existing  shall  be  kept  cleanly  and  wholesome,  and  be  so  conducted  in 
every  particular  as  not  to  be  offensive,  or  prejudicial  to  life  or  health. 

vSec.  80.  No  person  or  corporation  being  a  manufacturer  of  g.i--. 
"r  engaged  about  the  manufacture  thereot,  shall  throw  or  deposit, 
or  allow  to  run,  or  shall  permit   to  be  thrown  or  deposited  in  any 


f.30        ORDINANCES  OF  THE  CITY  OF  NEW  YORK, 


public  waters,  river  or  stream,  or  in  any  sewer  therewith  connected, 
or  in  any  street,  or  public  place,  any  gas,  tar  or  any  refuse  matter 
of  or  from  any  gas  house  works,  manufactory,  mains  or  service 
pipes,  or  permit  the  escape  of  any  offensive  odors  from  their  works, 
mains  or  pipes,  nor  shall  any  such  person  or  corporation  permit 
to  escape  from  any  of  their  works,  mains  or  pipes  any  gas  dangerous 
or  prejudicial  to  life  or  health,  or  manufacture  illuminating  gas  of 
such  ingredients  and  quality  that  in  the  process  of  burning  it  any 
substance  which  may  escape  therefrom  shall  be  dangerous  or  prejudi- 
cial to  life  or  health;  or  fail  to  use  the  most  approved  or  all  reason- 
able means  for  preventing  the  escape  of  odors. 

No  buildings  shall  be  erected  or  converted  into  or  used  as  a  place 
for  the  manufacture  of  illuminating  gas  until  the  plans  of  such  build- 
ings and  the  location  thereof  have  been  duly  approved  in  writing  by 
the  Board  of  Health. 

Sec.  90.  Tt  shall  not  be  lawful  for  any  person  or  persons,  in- 
corporated or  unincorporated,  to  carry  on,  establish,  prosecute  or 
continue,  within  the  Borough  of  Manhattan,  the  occupation  or  trade 
or  business  of  bone  boiling,  bone  burning,  bone  grinding,  horse 
skinning,  cow  skinning,  or  skinning  of  dead  animals,  or  the  boiling 
of  offal;  and  any  such  establishment  or  establishments,  or  place  of 
such  business  existing  within  said  borough,  shall  be  forthwith  re- 
moved out  of  said  borough,  and  such  trade,  occupation  or  business 
shall  be  forthwith  abated  and  discontinued,  providing  that  nothing 
in  this  section  contained  shall  apply  to  the  slaughtering  or  dressing 
of  animals  for  sale  in  said  City. 

Sec.  91.  The  business  of  bone  crushing,  bone  boiling,  bone 
grinding,  bone  or  shell  burning,  lime  burning,  horse  skinning,  cow 
skinning,  glue  making  from  any  part  of  dead  animals,  gut  cleaning, 
hide  curing,  fat  rendering,  boiling  of  fish,  swill  or  offal,  heating,  dry- 
ing, storing  of  blood,  scrap,  fat,  grease  or  offensive  animal  or  veg- 
etable matter,  or  manufacturing  materials  for  manure  or  fertilizer, 
shall  not  be  carried  on  or  continued  within  the  Boroughs  of  Brooklyn. 
The  Bronx,  Queens  or  Richmond  without  a  permit  from  jhe  Board 
of  Health. 

Nor  shall  any  buildings  be  erected  or  converted  or  used  for  the 
carrying  on  of  any  business  above  mentioned  until  the  plans  thereof 
have  been  duly  submitted  to  the  Board  of  Health  and  approved  in 
writing  by  said  Board. 

Sec.  92.  No  occupation  or  business  that  is  dangerous  or  detri- 
mental to  life  or  health  shall  be  established  or  carried  on  in  The  City 
of  New  York. 

Sec.  93.  All  persons  engaged  in  the  business  of  boiling  or  ren- 
dering fat.  lard  or  animal  matter  shall  cause  the  scrap  or  residuum 
to  be  dried  or  otherwise  prepared  so  as  to  effectually  deprive  such 


.ORDINANCES  <  >E  THE  CITY  OF  NEW  YORK 


material  of  all  offensive 
inoffensive,  immediately 
fades  in  which  the  rende 
Sec.  04.    No  person 

Cit 
oil 


6dors>  and  to  preserve  the 
fter  the  removal  thereof  f 
ing  process  may  be  conducted, 
shall   hereafter  erect   or  establish 
any  manufactory  or  place  of  business  for  boiling 
or  for  the  distilling"  of  an}-  ardent  or  alcoholic 


same  entirely 
>m  the  recep- 


makint;   any  lampblack", 
rehning  of  ores,  metals 
for  conducting  any  oth 
Offensive  or  deleterious 
permit    from    the  Hoard 
Sec.  05-    XTo  fat,  t; 
except   when  fresh 
from  the  places* of 
dition   tree  from  si 
at  the- time  of.  .■rendering'. 
steamr.ti-.gnt,  ••  vessels;  and 
destroyed  by  .combustion  o 
ihg  to  the  best  and  most 
thing-  preceding,  following 
rendering,  .and  'the  premi 


irpentme  o 
r  alloys  of 
business  t 
is,  vapor  d 
f  Health. 
dw  or  lard 
from  the  slaught 
laughter  in  The  City 
rness  and  taint  and 
and  all  melting 
the   gases  and 
r  other  mean-  <. 
approved  mean 
and  in  c< 
ses  where 


said 

ny  varnish  or 
pirits,  or  for 
tar,  or  for  the  treating  and 
metals,  with  acids  or  heat,  or 
i at  will  or  does  generate  any 
posit  or  exhalation,  without  a 


tall  be  melt e< 
d  animal,  or 
of  New  Yor 
ill  other  car 
and  ren 1 
odors  tl 
lualiy 


rilust  be  free  from  all  offensive  od< 
to  tlie  '  public,  health.  No  fat.  lard 
The  City  of  New  York  to  be  rende 
rendered  or  ,mc*!ted  that,  has  come  fr< 

See'.  96.  The  owners,  lessees, 
of  every.  b,ui Klin g,  vessel  or  place 
or  stationary;  engine,  furnace 
ashes,  cinders,  .rubbish,  dirt  an 
place.  ., so,  that,  the  same  shall 
cause,  ■  suffer  or  allow  .  smoke, 
or  noisome  pdprs  to  escape  or 
vessel.,or,  place  to  tl 
sons  .thei*eup( >i 


and 
iCtion  \ 
e  s  a  n  u 
rid  oth 
tallow 
dt  mell 


any 
ants. 


ac 


1  or  rendered, 
r  taken  directly 
>rk,  and  in  con- 
auses  of  offense 
ring  must  be  in 
efrom  must  b« 
tive,- and  accord* 
rocesses;  and  every--; 
th  such  melting  and 
shall  be  conducted* 
'  cause  of  detriment 
mil  be  brought  into 
i,  and  none  shall.be 
outside  of  said  City, 
pants  and  managers 
which  a  locomotive 


or  Doners  are  used,   snail  c 
d  refuse  to  be  removed,  to  spirit 
not  accumulate;  nor  shall  any: 
cinders,,  dust,  gas,  steam  ordi 
be  '  discharged  -trout'  -any  faac.H  buLUlfn^, 
nt  or  'annoyance  of  any  person  or  pttj 


sou 
3.1Y4 


97-' 
-  apai 
any 
^vhic 
shall 


stable  01 
m  whic! 
place  in 
animals 

at  all  times  keep 
merits,  and  the  d 
and  sanitary  com 
to  escape  therek 
purtenanc 
in  front  t 


/cry  owner,  k 
lent  in  the  bui 
or.se,  ca tile  oi 
manure,  stable 
died  or  accui 
or  cause  t( 
ains,  yards 
ition,  so 
>m.  Ev 
thereof,  shall  be  connectei 
eof.     Tt   shall  be  the  dutv 


and 
that  n 
:rv  stu 


'e,  tenant  and  occupant  of  any  stall,' 
ip  portions  of  The  City  of  Ww  Korkj 
feher  >an im-at  ■  slra M  'b 'q  1< op t ; N\Yr  of 4  any 
;fuse  or  any  liquid  discharge  of  such 
ate,  shall  cause  therefrom,  and  shall 
'  ept  such  stalls,  stables  or  apart- 
ippurtenances  thereof,  in  a  clean 
Off' 


thereof, 

nsive  odors  shall  be  allowed 
ible,  and   the   yards  and  ap- 


with  the 
>f  every 


sewer  in  the  street 
such  owner,  lessee. 


132        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


tenant  or  occupant  to  cause  all  manure  and  stable  refuse  to  be 
removed  daily  from  such  stable  or  stable  premises,  unless  the  same 
are  pressed  in  bales,  barrels  or  boxes,  as  hereinbefore  provided.  It 
shall  not  be  lawful  to  remove  manure  and  stable  refuse  in  carts  or 
wagons,  or  to  cart  the  same  within  the  City  without  a  permit  from 
the  Board  of  Health,  and  such  carts  and'  wagons  shall  be  of  a 
construction  approved  by  said  Board,  and  every  such  cart  or  wagon 
must  have  a  permit  from  the  'Board,  and  be  used  in  accordance 
with  the  terms  of  such  permit  and  not  otherwise.  Manure  carts 
and  wagons  shall  be  loaded  within  the  stable  premises  and  not  upon 
the  street  or  sidewalk,  and  the  manure  and  stable  refuse  shall  be 
removed  from  such  premises  in  a  manner  not  in  any  way  offensive 
or  so  as  to  cause  any  nuisance.  All  manure  and  stable  refuse  when 
transported  through  the  streets  must  be  covered  and  secured  so  that 
no  part  of  the  same  will  fall  upon  the  street,  and  so  as  to  prevent 
the  escape  of  offensive  odors,  and  the  same  shall  not  be  unloaded 
or  deposited  within  the  City  limits  except  upon  the  conditions  of 
a  permit  from  the  Board  of  Health,  and  at  such  docks  and  places 
as  shall  be  approved  by  the  Board,  and  to  which  a  permit  in  writing 
for  such  use  shall  have  previously  been  granted  by  said  Board.  No 
manure  or  stable  refuse  shall  be  thrown  upon  or  allowed  to  fall  or 
remain  upon  any  street  or  sidewalk  or  upon  any  ground  near  any 
stable.  No  manure  vault  shall  be  built  or  used  on  any  premises 
within  the  built-up  portions  of  The  City  of  New  York. 

Every  owner,  lessefii  tenant  and  occupant  of  any 'stall,  stable  or 
apartment,  in  the  built-up  portions  of  The  City  of  New  York,  in 
which  any  horse,  cattle  or  other  animals  shall  be  kept,  and  from 
which  the  manure  and  .-table  refuse  are  not  removed  daily  as  here- 
inbefore provided,  shall  cause  the  same  to  be  pressed  in  bales,  barrels 
or  boxes,  at  least  once  in  each  day,  and  so  pressed  as  to  reduce  the 
same  to  not  more  than  one  third  of  the  original  bulk.  Manure  and 
stable  refuse  pressed  in  bales,  barrels  or  boxes,  shall  be  removed 
to  such  dock  or  places  as  shall  be  approved  by  the  Board  of  Health, 
and  to  which  a  permit  for  such  use  shall  have  previously  been  granted 
by  said  Board,  and  such  bales,  barrels  and  boxes  shall  not  be  opened 
untii  delivered  at  such  docks  or  places. 

Offensive  Materials. 

Sec.  98.  No  person  shall  till  in  any  land  under  or  above  water 
within  the  limits  of  The  City  of  New  York,  or  any  of  the  islands 
situated  within  such  limits,  with  garbage,  dead  animals,  decaying 
matter  or  any  offensive  and  unwholesome  material,  or  with  dirt, 
ashes  or  other  refuse,  when  mixed  with  garbage,  dead  animals  or 
portions  thereof,  decaying  matter  or  offensive  and  unwholesome 
material. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK  133 


No  street  sweepings  shall  be  deposited  or  used  to  fill  up  or 
raise  the  surface  or  level  of  any  lot,  grounds,  dock,  wharf  or  pier  in 
or  adjacent  to  the  built-up  portions  of  The  City  of  New  York  with- 
out a  permit  from  the  Board  of  Health. 

Sec.  99.  No  ground  or  material  filled  with  offensive  matter  or 
substance,  or  that  will  emit  or  allow  to  arise  through  or  from  the 
same,  any  offensive  smell  or  deleterious  exhalation,  shall  (adjacent 
to  or  within  the  built-up  portion  of  said  City)  be  opened  or  turned 
up  or  the  surface  thereof  removed,  between  the  1st  day  of  May  and 
the  1st  day  of  October  of  any  year,  except  according  to  a  permit  first 
obtained  therefor  from  the  Board  of  Health. 

Sec.  100.  No  part  of  the  contents  or  substances  from  any  sink, 
privy  or  cesspool,  nor  any  manure,  or  other  offensive  substance,  shall 
be  by  any  person  deposited  or  allowed  to"  run  or  drop  into  or  remain 
in  any  street  or  public  place;  nor  shall  the  same  be  thrown  or  allowed 
to  fall  or  run  into  any  river  or  other  body  of  water,  save  through  the 
proper  underground  sewers. 

Sec.  101.  No  person  shall  gather,  collect,  accumulate,  store,  expose, 
carry  or  transport  in  any  manner  through  the  streets  and  public  places 
of  this  City,  or  in  or  to  any  cellar  or  house  in  said  City,  any  bones, 
refuse  or  offensive  material  without  a  permit  from  the  Board  of 
Health. 

Sec.  102.  No  swill,  brine,  urine  of  animals  or  other  offensive 
animal  matter,  nor  any  stinking,  noxious  liquid  or  other  filthy  matter 
of  any  kind,  shallby  any  person  be  allowed  to  run  or  fall  into  or  upon 
any  street  or  public  place,  or  be  taken  or  put  therein. 

Sec.  103.  No  blood,  butcher's  offal  or  garbage,  nor  any  dead 
animals,  nor  any  putrid  or  stinking  animal  or  vegetable  matter  shall  be 
thrown  by  any  person  or  allowed  to  go  into  any  street,  place,  sewer 
or  receiving  basin,  or  into  any  river  or  standing  or  running  water 
or  excavation  or  into  any  ground  or  premises  in  the  built-up  por- 
tions of  the  City. 

Sec.  104.  No  person  shall  draw  off,  or  allow  to  run  off  into  any 
ground,  street  or  place  of  said  City,  the  contents  (or  any  part  thereof) 
of  any  vault,  privy,  cistern,  cesspool  or  sink;  nor  shall  any  owner, 
tenant  or  occupant  of  any  building  to  which  any  vault,  sink,  privy 
or  cesspool  shall  appertain,  or  be  attached,  permit  the  contents  or 
any  part  thereof,  to  flow  therefrom,  or  to  rise  within  two  feet  of  any 
part  of  the  top,  or  permit  said  contents  to  become  offensive;  nor 
shall  any  vault,  privy,  ci>tern.  cesspool  or  sink  be  filled  or  covered 
with  dirt  until  it  has  been  emptied  of  its  filthy  contents. 

Sec.  105.  No  person  shall  throw  into  or  deposit  in  any  vault, 
sink,  privy  or  cesspool  any  offal,  ashes,  meat,  fish,  garbage  or  other 
substance  except  that  of  which  any  such  place  is  the  appropriate 
receptacle. 


134 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  106.  Every  tub  or  other  receptacle  in  any  sink  or  privy  (of 
placed,  or  allowed  to  stand  therein  by  any  owner,  tenant  or  occupant 
of  any  building  or  premises),  and  used  to  contain  any  liquid  or  par- 
tially liquid  substance,  shall  be  sufficiently  strong,  perfectly  tight, 
and  adequately  provided  with  a  strong  cover  and  with  hoops  and 
handles;  shall  not  be  allowed  to  be  filled  to  within  4  inches  of  any 
part  of  the  top,  and  shall  not  be  allowed  (or  its  contents)  to  be 
offensive.  And  the  provisions  of  this  code  relative  to  emptying  cess- 
pools and  to  throwing  any  substance  therein,  shall  apply  to  said 
tubs  and  receptacles  as  if  here  repealed  and  applied  thereto. 

And  no  person  shall  throve,  drorY  or--ft'1To\v  to  fall  into -the  North 
or  East  River,  or  into  any  street  or  place,  any  substance  being,  or 
haying  been,  part  of  the  contents  of  any-  such  vault,  cesspool,  privy, 
sink,  tub  or  receptacle  of  any  offal.         v  ;    ::•  '  . 

Sec.  107.  Neither  the  contents"  of  "any  suc-h  tub,  tvr  of  any  re- 
ceptacle, cesspool,  privy,  vault,  sink,  water-closet  or  Cistern,  nor- 
anything  in  any .  room,  excavation,  vat.  building,  premised -or  place/ 
shall  be  allowed  to  become  a  nuisance,  nr  offensive,  sd-:  as-  to  -be. 
dangerous  or  prejudicial  to  life  or  health.  • 

Sec.  108.  Tt  shall  be  the  duty  of  every  owner.  tenant. jfessee». 
occupant  or  person  in  charge  of  any  and  every  building,  -or  place  'of 
business  in  the  generally  built-up  portions' of  The  City  of  ;New  .York, 
forthwith  to  provide  or  cause  to  be  provided,  and  at  all  -t^mes  there- 
alter  to.keep  and  cause  to  be  kept  and  provided,  within  su'Ch  building, 
or  place  or  business,  and  lor  the  exclusive  use  of  such  building  or 
place  of  business,  separte  receptacles  tor  receiving  and  holding, 
without  leakage,  all  the  ashes,  garbage  and  liquid  substances  that 
may  accumulate  during  thirty-six  hours,  from  said  building  or  place 
of  business,  or  the  portion  thereof  of  which  Mich  person  may-'be-the. 
owner,  tenant,  lessee,  occupant  or  in  charge,  and  every  such'!  receptacle 
designed  and  used  to  hold  ashes  shall  be  made  of  or  lined  with  some 
suitable  metal.  .  ,,; 

And  it  shall  be  the  duty  of  every  owner,  lessee  or  agent  of  any 
building  or  place  of  business  to  cause  to  be  separated  and  put  into 
their  jres.pective  receptacles  all  such  materials  and  substances,  and 
such  receptacle  shall  not  be  tilled  to  within  four  inches  of  the  top 
thereof. 

And  such  receptacles,  as  well  as  any  light  refuse  or  rubbish  to 
be  removed.  Shall  be  kept  within  the  premises  until  the  proper  time 
for  removal,  and  shall  then  be  placed  in  the  area,  or  within  the 
stooj)  line  only,  and  shall  there  remain  until  such  materials  or  sub- 
stances are  removed  by  the  Department  of  Street  Cleaning,  but  in 
no  case  shall  such  receptacles  be  placed  where  they  shall  be  or  become 
a  nuisance. 


ORDINANCES  OF  T11K  CITY  OF  NEW  YORK.  135 


AH  light  refuse  or  rubbish  likely  to  be  scattered  or  blown  about, 
shall,  before  being  placed  outside  of  building  or  premises  for  removal, 
be  properly  bandied,  packed  or  otherwise  secured. 

Sec.  109.  No  person,  not  for  that  purpose  authorized,  shall  in- 
terfere with  the  receptacles  for  ashes,  garbage  or  liquid  substances, 
as  provided  in  accordance  with  section  108  of  the  Sanitary  Code,  or 
with  the  contents  thereof;  nor  shall  any  person  in  any  way  handle 
or  disturb  such  content.-. 

Sec.  no.  All  occupants  so  preferring  may  deliver  their  ashes, 
garbage  and  rubbish  directly  to  the  proper  carts,  to  be  taken  away 
at  any^hour  of  tine  day  when  said  carts  may  be  present:  and  said 
carts  may.  take  such  articles  from  receptacles  delivered  at  any  such 
hour;  provided,  that  such  garbage  or  rubbish  be  not  highly  filthy  or 
offensive'; '  and  in  the  latter  case  the  same  shall  not  be  so  delivered 
or  received  during  the  period  from  7  o'clock  a.  m.  of  any  day  till  10 
o'clock  -of  the  evening  of  the  same  day. 

Sec.  in.  No  pile  or  deposit  of  manure,  offal,  dirt  or  garbage,  or 
any  accumulation  of  any  offensive  or  nauseous  substance,  shall  be 
made  "within  the  built-up  portions  of  The  City  of  New  York,  or  upon 
the.  piers,  docks  or  bulkheads  adjacent  thereto,  or  upon  any  vessel 
or  scow  lying  at  such  pier,  wharf  or  bulkhead:  nor  shall  such  deposit 
or  accumulations  be  made  anywhere  in  thi>  City  within  300  feet  of 
any  church  or  place  of  worship,  or  inhabited  dwelling,  without  a 
permit  from  the  Board  of  Health;  and  no  person  shall  contribute  to 
the  making  of  any  such  accumulations:  nor  shall  cars  or  floats  loaded 
with  or  having  in  or  upon  them  any  such  substance  or  substances 
be  allowed  to  remain  or  stand  on  or  along  any  railroad,  street  or  high- 
way within  300  feet  of  any  inhabited  dwelling,  nor  elsewhere  in  said 
City,  without  a  permit  from  the  Board  of  Health;  and  no  manure, 
garbage  or  other  material  that  is  liable  to  emit  an  offensive  exhalation 
Shall,  in  or  adjacent  to  the  built-up  portions  '  of  "The  City  of  New 
York,  be  turned  or  stirred,  'except  about  its  removal,  in  such  a  way 
as  to  increase  such  exhalations  by  reason  thereof,  nor  shall  any 
straw,  hay  or  other  substance  which  has  been  used  as  bedding  for 
animals  be  placed  or  dried  upon  any  street  or  sidewalk,  or  roof  of 
any  building;  nor  shall  any  straw,  hay  or  other  substance  or  the 
contents  of  any  mattress  or  bed,  be  deposited  or  burnt  without  a 
permit  from  the  Board  of  Health. 

Sec.  112.  Every  proprietor,  lessee,  tenant  and  occupant  of  any 
oyster  house,  oyster  saloon  or  other  premises  where  any  oysters, 
clams,  lobsters  or  shell  or  other  fish  arc  consumed,  used  or  sold, 
or  where  any  of  the  refuse  matter,  offal  or  shells  thereof  accumulate, 
shall  daily  cause  all  such  shells,  offal  and  refuse  matter  to  be  removed 
therefrom  to  some  proper  place,  and  shall  keep  his  house,  saloon  and 
premises  at  alt  times  tree  from  any  offensive  smells  or  accumulations. 


136 


ORDINANCES  OF  THE  CITY  01;  NEW  YORK. 


Sec.  113.  No  person  shall  obstruct,  delay  or  interfere  with  the 
proper  and  free  use,  for  the  purposes  for  which  they  may  be  and 
should  be  set  apart  and  devoted,  of  any  dock,  pier  or  bulkhead  set 
apart  for  the  use  of  any  contractor  or  person  engaged  in  removing 
any  offal,  garbage,  rubbish,  dirt,  dead  aninfar,' 'night  soil  or  other  like 
substances,  or  with  the  proper  performance  of  such  contracts. 

Sec.  114.  It  shall  be  the  duty  of  every  person  (his  agents  and 
employees)  who  has  contracted  or  undertaken  to  remove  any  dis- 
eased or  dead  animal,  offal,  rubbish,  garbage,  dirt,  street  sweepings, 
night  soil,  or  other  filthy,  offensive  or  noxious  substance,  or  is  en- 
gaged about  such  removal,  or  in  loading  or  unloading  any  such 
substance,  to  do  the  same  with  dispatch,  and  in  every  particular  in 
a  manner  as  cleanly  and  little  offensive  and  with  a-s  little  danger  and 
prejudice  to  life  and  health  as  possible,  and  no  matter  or  material 
shall  lie  piled  up,  or  partially  raked  together,  in  any  street  or  place, 
before  the  removal  thereof,  more  than  a  reasonable  time,  nor  for  more 
than  four  hours  in  the  daytime,  under  any  circumstances. 

Sec.  115.  No  ship,  boat  or  other  vessel  shall  be  taken  or.-allowed 
by  any  person  to  come  into  or  lay  to,  or  at,  or  within  any  dock,,  pier, 
bulkhead  or  slip,  or  be  placed  therein  for  the  purpose  of  the  shipment 
or  removal  of  any  offal,  garbage,  rubbish,  blood  or.  offensive  urinal 
or  vegetable  matter,  dirt  or  dead  animals,  or  for  the  use  of  any  con- 
tractor, for  the  removal  of  any  of  the  foregoing  substances,  without 
a  permit  from  the  Board  of  Health.  ■  ■< 

Sec.  116.  It  shall  be  the  duty  of  every  owner,  lessee  ;and  tenant 
of  any  vacant,  sunken  or  excavated  lot  in  The  City  of  New  York 
to  keep  the  same  at  all  times  clean  and  inoffensive  and  free  from  the 
accumulation  of  water  thereon,  and  to  maintain  around  the  same 
a  proper  fence,  so  as  to  effectually  prevent  the  throwing  or  depos- 
iting therein  or  thereupon  any  garbage  or  offensive;  thing  whatsoever, 
and  so  as  to  prevent  persons  passing  from  falling  into  such  exca- 
vation. 

Sec.  J 17.  No  person  shall  deposit  upon  any  street  or  public 
place  within  the  generally  built-up  portion  of  The  City  of  New  York, 
or  upon  any  paved  street,  any  dirt  or  brick  or  other  material,  or 
dirt  taken  from  any  ground  therein,  in  such  manner  as  to  occupy 
more  than  ioo  square  feet  of  surface  of  any  -treet  or  place  (and  the 
same  shall  be  compact  and  at  one  side);  nor  shall  any  person  allow 
the  same  to  remain  in  said  street  or  public  place  more  than  twelve 
hours,  without  a  permit  from  the  Board  of  Health,  or  unless  such 
occupancy  shall  be  otherwise  duly  authorized  by  paramount  authority. 
Nor  shall  any  such  substance  be  so  deposited  or  allowed  to  remain 
by  any  person  as  to  obstruct  the  free  flowage  along  any  gutter. 

Sec.  r  1 8.  No  lime,  ashes,  coal,  dry  -and.  hair,  feathers  or  other 
substance  that  is  in  a  similar  manner  liable  to  be  blown  by  tfie  f*ir»d, 


ORDINANCES  OF  TH  K  CITY  OF  NEW  YORK.  137 


shall  be  sieved,  agitated  '  Or  exposed,  nor  shall  any  mat,  carpet  or 
cloth  be  shaken  or  beaten,  nor  shall  any  cloth,  yarn,  garment,  mate- 
rial or  substance  be  scoured,  cleaned  or  hung,  nor  shall  any  rags, 
damaged  merchandise,  barrels,  boxes  or  broken  bales  of  merchandise 
or  goods  be  placed,  kept  or  exposed  in  any  place  where  they  or 
particles , therefrom  will  pass  into  any  street  or  public  place,  or  into 
any  occupied  premises.  Neither  shall  any  usual  nor  any  reasonable 
precautions  be  omitted  by  any  person  to  prevent  fragments  or  other 
substances  from  falling,  to  the  peril  of  life,  or  dust  or  light  material 
llying  into  any.  street,  place  or  building  from  any  building  or  erection, 
while  the.same  is  being  altered,  repaired  or  demolished,  or  otherwise. 

Removal  of  Filth. 

Sec.  119.  No  person  shall  engage  in  the  business  of  transporting 
manure,:  swill,  garbage,  offal  or  any  offensive  or  noxious  substance, 
or  drive  any  cart  for  such  purpose,  in  The  City  of  New  York,  without 
a  permit  from  the  Board  of  Health. 

Sec. .120,  .No  cart  or  other  vehicle  for  carrying  any  manure,  swill, 
garbage,  offal  or  rubbish,  or  other,  nauseous  or  offensive  substance,  or 
the  contents  of ,  any  privy,  vault,  cesspool,  or  sink,  shall,  without 
necessity  therefor,  be  allowed  to  stand  or  remain  before  or  near' any  ' 
building,,  place,  or  business  or  other  premises  where  any  person  may 
be;  nor  shall  any  such  cart  or  vehicle  be  allowed  to  occupy  any  un- 
reasonable length  of  time  in  loading  or  unloading,  or  in  passing 
along  any  street  or  through  any  inhabited  place  or  grounds.  Such 
carts,  vehicles  and  all  implements  used  in  connection  therewith  must 
bo  kept  in  an  inoffensive  and  sanitary  condition  and,  when  not  in 
use,  shall  be  stored  and  kept  in  some  place  where  no  needless  offense 
shall  be  given  to  any  of  the  people  of  said  City. 

Sec.  121.  All  carts  and  vehicles  for  carrying  any  nauseous  or 
offensive  substances,  boxes,  tubs  and  receptacles  in  which  any  naus- 
eous or  qffensive  substances  may  be,  or  may  be  carried,  shall  be 
strong  and  tight,  and  the  sides  shall  be  so  high  above  the  load  or  con- 
tents that  no  part  of  such  contents  or  load  shall  fall,  leak  or  spill 
therefrom,  and  either  the  vehicle  or  vessel  carried  by  it  shall  be  so 
covered  as  to  be  inoffensive;  and  all  such  material  shall  be  loaded  and 
removed  in  a  sanitary  manner,  and  according  to  the  regulations  of  the 
Department  of  Health,  and  it  shall  be  the  duty  of  every  person  remov- 
ing any  offensive  material  to  at  once  replace  in  said  vehicle  or  vessel 
any  material  that  may  have  fallen  therefrom  upon  or  in  any  place, 
street  or  premises. 

Sec.  122.  All  putrid  or  offensive  matter,  and  all  night  soil,  and  the 
ontents  of  sinks,  privies,  vaults  and  cesspools,  and  all  noxious  sub- 
stances, shall,  before  their  removal  or  exposure,  be  disinfected  and 
rendered  inoffensive  by  the  owner,  lessee,  or  occupant  of  the  premises 


138        ORDINANCES  OF  THK  CITY  OF  NEW  YORK 


where  the  same  may  be.  or  by  the  person  or  contractor  who  removes 
or  is  about  to  remove  the  same;  and  no  part  of  the  contents  of  any 
vault,  privy,  sink  or  eesspool  shall  be  removed  without  a  permit  from 
the  Board  of  Health. 

Sec.  123.  No  boat,  scow  or  other  receptacle  used  in  transport 
ing  garbage  to  Barren  Island  or  the  place  of  disposal  shall 
be  permitted  to  remain  moored  or  be  at  any  dock,  wharf  or  place 
within  the  limits  of  The  City  of  New  York  for  a  longer  period  than 
twenty-four  hours  from  the  time  garbage  is  first  delivered  or  placed 
thereon.  Garbage  shall  be  received,  on  such  boat,  scow-or  other-re- 
ceptacle and  transported  in  a  manner  approved  bv  the  Board  of* 
Health. 

Diseased.  Injured  and  Dead  Animals. 

See.  124.  No  diseased  cattle,  swine,  sheep,  horses,  dogs  or  cats, 
which  are  suffering  from  or  have  been  exposed  to  any  disease  which  i- 
contagious  among  such  animals,  shall  be  brought  into  or  kept  in  The 
City  of  New  York.  All  persons,  corporations  or  companies  bringing 
milch  cows  into  The  City  of  New  York  shall  furnish  a  certificate 
signed  by  a  veterinarian  who  is  a  graduate  of  a  recognized  veterinary 
college.,  with  the  date  of  graduation  and  the  name  of  the  college  from 
which  the  degree  was  received,  to  the  effect  that  said  cows  arc  free 
from  tuberculosis  as  far  as  may  be  determined  by  physical  examina- 
tion and  the  tuberculin  test.  Said  certificate  shall  give  a  number  which 
has  been  permanently  attached  t<>  each  cow.  and  a  description  suffi- 
ciently accurate  for  identification,  stating  the  date  (which  must  not  be- 
more  than  sixty  days  prior  to  the  time  when  they  are  brought  into 
the  City),  the  place  of  examination,  the  temperature  of  the  cow  or 
cows  at  intervals  of  three  hours  for  twelve  hours  before  the  subcuta- 
neous injection  of  the  tuberculin,  the  preparation  of  tuberculin  used, 
the  location  of  the  injection,  the  quantity  injected,  the  temperature  at 
the  tenth  hour  after  the  injection  of  the  tuberculin  and  every  three- 
hours  after  the  aforesaid  tenth  hour  for  twelve  hours,  or  until  the  re 
action  is  completed.  No  Cow  with  a  certificate  which,  states  that-vsaid 
cow  gave  a  reaction  of  two. degrees  F,  after  the  injection  with  0.5  c.  c. 
of  the  tuberculin  prepared  by  the  Department  of  Health  of  The  '"City 
of  New  York  (or  its  equivalent),  diluted  with  ten  times  its  volume  of 
a  0.5  per  cent,  watery  solution  of  carbolic  acid,  shall  be  brought  into 
The  City  of  New  York. 

Sec.  125.  No  person  shall  keep  or  retain,  or  allow  or  cause  to 
be  kept  or  retained,  at  any  place  within  The  City  of  New  York,  any 
animal  having  the  disease  known  as  glanders,  or  farcy  or  any  other 
contagious  disease,  but  shall  forthwith  report  the  fact  to  the  Depart- 
ment of  Health  of  said  City,  and,  under  the  direction  of  the  Sanitary 
Superintendent  or  Assistant  Sanitary  Superintendent.  <hall  destroy 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  K19 


or  cause  to  be  destroyed,  remove  or  cause  to  be  removed,  and  dis- 
pose of  such  animal  or  animals  in  a  manner  designated  by  the  Sani- 
tary Superintendent  or  Assistant  Sanitary  Superintendent,  and  every 
person  who  destroys  any  such  animal  shall  forthwith  notify  the  De- 
partment of  Health  of  such  destruction,  the  place  of  destruction,  and 
the  disposition  of  the  body  of  such  animal. 

Sec.  126.  All  dead  horses,  before  they  are  placed  in  the  street, 
must  have  a  tag  attached  giving  the  name  and  address  of  the  owner 
and  the  stable  from  which  the  horse  was  removed. 

Sec.  127.  Every  veterinary  surgeon  who  is  called  to  examine  01* 
professionally  attend  any  animal  iwthin  The  City  of  New  York  hav- 
ing the  glanders  or  farcy  or  any  contagious  disease  shall  report  forth- 
with in  writing  to  the  Board  of  Health  of  said  City  the  following 
facts,  viz.:  First,  a  statement  of  the  location  of  such  diseased  ani- 
mal; second,  the  name  and  address  of  the  owner  thereof;  third,  the 
type  and  character  of  the  disease.  .  * 

Sec.  128:  No  person  shall  leave  in  or  throw  into  any  place  or 
street,  or  public  water,  or  offensively  expose  or  bury  the  body  (or 
any  part  thereof)  of  any  dead  or  fatally  sick  or  injured  animal;  nor 
shall  any  person  keep  any  dead  animal  or  any  offensive  meat,  bird, 
fowl  or  fish  in  'a  place  where. the  same  may  be  dangerous  to  the  life 
or  detrimental  to  the  health  of  any  person. 

.  '  Sec.  129.  Any  animal,  being  in  any- street  or  public  place,  with- 
in or  adjacent : to  the  built-up  portion  of  New  York  City,  and  appear- 
ing in  the  estimation  of  any  officer  or  Inspector  of  this  Department 
(and  of  two  discreet  citizens,  called  by  such  officer  or  Inspector  to 
view  the  same- in  his  presence)  injured  .or;: diseased  past  recovery,  for 
any  -usefu-l-  purpose/and  not-being  attended  and;  properly- cared  for  by 
th'e  owner  or  some- proper  person  having  charge  thereof  for  such 
owner,  or  not  having  been :  removed  £0  some  private  premises,  or  to 
some  place -designated-- by. such' officer  or  InspectQr^  within  one  hour 
aftfer  being  fotvncbor  left  in  such  condition,  may  be  deprived  of  life  by 
such  officer  or  Inspector,  or  as  he  may  direct;  and  shall  thereafter, 
unless  at  once  removed  by  the  owner  or  person,  be  treated  as  any 
other  animal  found  on  a  street  or  place. 

Sec.  130.  Any  person  having  a  dead  animal  or  an  animal  past 
recovery,  and  not  killed  for  and  proper  for  use  as  food,  or  in  any  of- 
fensive condition,  or  sick  with  an  infectious  or  contagious  disease, 
.on  his  premises  in  said  City,  and  every  person  whose  animal  or  any 
animal  in  his  charge  or  under  his  control  in  any  street  or  place,  may 
die  or  become  or  be  in  a  condition  past  recovery,  shall  at  once  notify 
the  Department  of  Health,  and  under  the  direction  of  the  Sanitary 
Superintendent  or  an  Assistant  Sanitary  Superintendent  of  an  offi- 
cer of  the  Police  Department,  remove  or  cause  the  removal  of  such 


140        ORDINANCES  OF  THE  CITY  OF  N'liW  YORK 


animal,  dead  or  alive,  to  such  place  as  may  be  designated  by  such 
official. 

Sec.  131.  No  person  other  than  the  Inspectors  or  officers  of  this 
Department  or  the  Police  Department,  or  persons  thereto  authorized, 
shall  in  any  way  interfere  with  such  dead,  >ick  or  injured  animal  in 
any  street  or  place,  and  no  person  shall  skin  or  wound  such  animal  in 
such  street  or  public  place,  unless  to  terminate  its  life  as  herein  au 
thorized,  except  that  the  owner  or  person  having  control  of  such 
animal  may  terminate  the  life  thereof  in  tin  presence  and  by  the  con 
sent  of  a  policeman  or  an  inspector  or  officer  of  this  Department 

Sec.  .132.  Every  animal  which  shows  symptoms  of  rabies  and 
every  animal  that  has  been  exposed  to  such  disease  shall,  by  the  per- 
son owning  the  same  or  having  possession  thereof,  be  at  once  con- 
fined in  some  secure  place  for  such  length  of  time  as  to  determine 
whether  such  disease  exists  or  to  show  that  such  exposure  has  not 
given  such  animal  said  disease,  and  so  as  to  avoid  all  danger  of  life 
or  health.  And  such  person  shall  also  forthwith  notify  the  Depart- 
ment of  Health  thereof  and  of  the  place  where  such  animal  is  con- 
fined. Every  animal  which  is  mad  or  has  rabies  shall  at  once  be 
killed  by  the  owner  or  person  having  possession  thereof,  or  by  the 
Department  of  Health,  and  the  body  of  any  animal  that  has  died  of 
such  disease,  or  being  suspected  of  such  disease  has  been  killed,  shall 
be  at  once  surrendered  to  the  Department  of  Health  to  be  by  it  dis- 
posed of. 

Should  a  dog  bite  any  person  it  shall  be  the  duty  of  the  owner, 
or  person  having  the  same  in  his  possession  or  under  his  control,  to 
at  once  notify  said  Department  thereof,  and  surrender  said  dog  to 
said  Department  for  inspection  and  observation;  and  such  dog  shall 
be  returned  to  the  person  from  whom  the  same  shall  have  been  re 
ceived  if  found  not  rabid,  and  if  found  to  be  rabid,  it  shall  be  do 
stroyed  by  said  Department. 

When  the  Police  or  other  person  or  authorities  destroy  a  dog  for 
any  of  the  causes  herein  mentioned,  it  shall  be  his*  or  their. jduty  to 
immediately  notify  the  said  Department  thereof  ah(i  of  the  rotation 
of  its  body,  so  that  the  same  may  be  obtained  by  the  said  Department, 
and  it  shall  4x?  unlawful  to  remove  any  such  dog... ox  the.  bodx  of  any 
such  animal  heretofore  mentioned  except  as  herein  provided. 

.  Infectious  Diseases. 

Sec.  133.    It  shall  be  the  duty  of  every  physician  to  report  to 
the  Departments  of  Health,  in  writing,  the  full  name,  age  and  ad 
dress  of  every  person  suffering  from  any  one  of  the  infectious  dis 
eases  included  in  the  list  appended,  with  the  name  of  the  disease, 
within  twenty-four  hours  of  the  time  when  the  case  is  first  seen: 

A.-— Contagious  (very  readily  communicable):    MeasJes,  rubella 


ORD[\TANCKS  OF  THE  CITY  OF  NEW  YORK. 


(rotheln)  scarlet  fever,  small-pox.  varicella  (chicken-pox),  typhus 
fever,  relapsing  fever. 

B. — Communicable:     Diphtheria  (croup),  typhoid  fever,  Asiatic 
cholera,  tuberculosis  (of  any  organ),  plague,  tetanus,  anthrax,  gland 
ers,  epidemic  cerebro-spinal  meningitis,  leprosy,  infectious  diseases 
of  the  eye  (trachoma,  suppurative  conjunctivitis),  puerperal,  septi<  ;w 
mia,  erysipelas,  whooping  cough. 

Note. — In  this  provisional  classification  of  the  infectious  diseases, 
arranged  for  practical  purposes,  the  most  readily  communicable  of 
these  diseases,  embracing  the  exanthemata  and  typhus  fever,  have 
been  placed  in  a  group  by  themselves  and  called  contagious.  *This 
has  been  done  with  a  view  to  emphasizing  a  distinction,  which  is  not 
only  of  scientific  significance,  but  of  practical  importance,  in  dealing 
with  the  sanitary  features  of  administration.  This  distinction  is 
furthermore  of  importance  because  it  avoids  the  misunderstanding 
and  alarm  frequently  caused  by  including  in  the  same  class  the 
very  readily  communicable  diseases  (such  as  small-pox),  and  the 
much  less  communicable  diseases  (such  as  tuberculosis),  which  re- 
quire very  different  sanitary  measures  for  their  control. 

Sec.  134.  It  shall  be  the  duty  of  the  Commissioners  or  man- 
agers or  the  principal,  superintendent  or  physician  of  each  and  every 
public  institution  or  dispensary,  in  this  City,  to  report  to  the  De- 
partment of  Health,  in  writing,  the  full  name,  age  and  address  of  any 
person  suffering  from  any  one  of  the  infectious  diseases  included  in 
the  list  appended,  with  the  name  of  the  disease,  within  twenty-four 
hours  of  the  time  when  the  case  is  first  seen: 

A.  — Communicable:  Influenza,  lobar  pneumonia,  broncho-pneu- 
monia, infectious  diseases  of  the  gastro-intestinal  canal  (dysentery, 
cholera  morbus,  cholera  infantum,  summer  diarrhoeas  of  infants). 

B.  — Parasitic  diseases  of  the  skin:  Scabies,  tinea  tonsurans,  im- 
petigo (contagious).,  favus. 

Note. — In  this  list  of  diseases  reporting  is  required  by  the  De- 
partment of  Health  in  order  that  data  may  be  obtained  for  genera? 
anxl  special  investigation  of  the  modes  and  sources  of  infection  and  as 
to  the  prevalence  and  distribution  x>f  these  diseases.  The  Department 
of  Health  docs  not  purpose  to  exercise  a  sanitary  surveillance  in 
these  cases,  but  desires  information  with  a  view  to  the  ultimate  re- 
moval or  improvement  in  the  conditions  which  now  foster  them. 
Notification  is  required  in  certain  of  these  diseases  because  of  the 
liability  to  their  extension  among  the  children  in  schools. 

Sec.  135.  It  shall  be  the  duty  of  every  physician  to  report  forth- 
with, in  writing,  to  the  Department  of  Health,  the  death  of  every 
person  who  dies  from,  or  while  suffering  with,  any  infectious  disease, 
and  to  6tate  in  such  report  the  specific  name  and  type  of  such  dis- 
ease. 


!4-        ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  136.  It  shall  be  the  duty  of  every  keeper  of  any  boarding 
house  or  lodging  house,  and  the  proprietor  of  every  lodging  house  pf 
hotel,  to  report  forthwith  to  the  Department  of  Health  all  the 
known  facts  in  regard  to  any  person  ilk  in  any  house  or  hotel  under 
his  or  her  charge,  and  suffering-  from  any  one  of  the  following  infec- 
tious diseases:  Measles,  diptheria  (croup),  scarlet  fever,  smallpox, 
chicken-pox,  epidemic  cholera,  typhus  fever,  rubella  (rotheln  ).  plague, 
tuberculosis  and  whooping  cough. 

Sec.  137.  It  shall  be  the  duty  of  every  person  having  knowledge 
of  the  existence  of  any  person  afflicted  with  any  one  of  the  following 
infectious  diseases:  Measles,  diphtheria  (croup),  scarlet  fever,  small 
pox.  chicken-pox,  epidemic  cholera,  typhus  fever,  rubella  (rotheln), 
plague,  tuberculosis  and  whooping  cough,  who  he  has  reason  to 
think  requires  the  attention  of  the  Department  of  Health,  to  at  once 
report  to  the  Department  all  facts  in  regard  to  the  disease;  and  no 
person  shall  interfere  with  or  obstruct  the  entrance,  inspection  or  ex- 
amination of  any  building  or  house,  or  the  occupan.ts  thereof,  by  the 
inspectors  and  officers  of  this  Department,  when  any  case  of  one  of 
the  infectious  diseases  above  specified  has  been  reported  as  existing 
in  such"  house- or  dwelling;  nor  shall  any  person  interfere  with  or  ob- 
struct, mutilate  or  tear  down  any  notices  of  this  ■■  Department  posted 
in  "or  on  any  premises  in  The  City  of  New  York. 

Sec.  138.  It  shall  be  the  duty- of  the  commissioners  or  managers 
or  the  principal,  superintendent  or  physician  of  each  "and  every  public 
or  private  institution  or  dispensary  in  this  City- to  report-  to  the  De- 
partment of  Health,  in  writingvor  t©  cause  such  report  to" be  made  by 
some"  proper' and  competent  person,  the  name.,  age,  sex.  occupation 
and  latest  address  of  every  person,  afiiicted  with  tuberculosis,  who 
is  in  their  care  or  who  has  come  under  their  observation,  within  one 
week  of  such  time.  It  shall  be  the  duty  of  every  person  ,sick.  with 
this  disease  and  of  every  person  in  attendance  upon  any  one  sick  with 
this  disease,  and  of  the  authorities  of  public  and  private  institutions  or 
di-pensaries,  to  observe  and  enforce  all  the  sanitary  rules  and  regula- 
tions of  the  Board  of  Health  for  preventing  the  spread  of  pulmonary 
tuberculosis. 

Sec.  139.  Whenever  an  Inspector  of  this  Department  shall  re- 
port in  writing  that  any  person  is  sick  of  any  infectious  disease,  un- 
der such  circumstances  that  the  continuance  of  such  sick  person  in 
the  place  where  he  or  she  may  be,  is  dangerous  to  the  lives  of  other 
persons  residing  in  the  neighborhood,  the  Sanitary . Superintendent,  an 
Assistant  Sanitary  Superintendent  or  the  Chief  Inspector  of  the  Divi- 
sion of  Contagious  Diseases,  upon  the  report  of  the  Medical  Inspec- 
tor of  the  Department,  may  cause  the  removal  of  such  sick  person 
to  one  of  the  hospitals  under  the  charge  of  this  Department  or  to  a 
hospital  delegated  by  the  Hoard  of  Health.  ..  . 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  140.  In  every  public  hospital  and  dispensary  in  The  Cny  of 
New  York  there  shall  be  provided  and  maintained  a  suitable  room 
or  rooms  for  the  temporary  isolation  of  persons  suffering  from  an> 
of  the  following  infectious  diseases:  Measles,  diphtheria  (croup), 
scarlet  fever,  smallpox,  chickenpox,  epidemic  cholera,  typhus  fever, 
rubella  (rotheln),  plague  and  whooping  cough;  and  such  person  shall 
immediately  be  separated  from  other  persons  at  such  dispensary  or 
hospital.  It  shall  be  the  duty  of  the  physician  or  physicians,  and  of 
the  officers  and  managers *£>f  -every  hospital  or  dispensary,  to  cajase 
a  report  to  be  immediately  made  to  the  Department  of  Health  of 
The  City  of  New  York  of  every  person  afflictd  with  any  one  of  the 
infectious  diseases  herein  specified  who  comes  to  their  knowledge, 
and  to  have  such  persons  properly  isolated  from  other  persons. 

Sec.  141.  It  shall  be  the  duty  of  every  undertaker  having  notice 
of  the  death  of  any  person  within  The  City  of  New  York  of  small 
pox,  diphtheria  (croup),  scarlet  fever,  yellow  fever,  typhus  fever, 
plague,  Asiastic  cholera,  measles  or  any  other  infectious  disease  dan- 
gerous to  the  general  health  of  the  community,  or  of  the  bringing  of 
the  dead  body  of  any  person  who  has  died  of  any  such  disease  into 
such  City,  to  give  immediate  notice  thereof  to  this  Department.  No 
person  shall  retain  or  expose  or  assist  in  the  retention  or  exposure 
of  the  dead  body  of  any  such  person  except  in  a  coffin  or  casket 
properly  sealed;  nor  shall  he  allow  any  such  body  to  be  placed  in  any 
coffin  or  casket  unless  the  body  has  been  wrapped  in  a  sheet  satu- 
rated with  a  proper  disinfecting  solution  and  the  coffin  or  cas'ket 
shall  then  be  immediately  and  permanently  sealed.  No  undertaker 
shall  assist  in  the  public  or  church  funeral  of  any  person  who  has 
died  of  any  one  of  the  above  diseases  or  used,  at  any  funeral,  or  in  any 
room  where  the  dead  body  of  any  person  shall  be.  any  draperies, 
decorations,  rugs  or  carpets,  belonging  to  or  furnished  by  him  or 
under  his  direction. 

Sec.  142.  A  public  or  church  funeral  shall  not  be  held  of  any 
person  who  has  died  of  smallpox,  diphtheria  (croup),  scarlet  fe\er. 
yellow  fe^er-,-  typhus  fever.  Asiatic  cholera,  measles  or  plague;  but 
— th£  funeral  'of  such  person_shall  .be  private,  and  it  sliail  not  be  laai 
ful  to  invite  or  permit  at  the  funeral  of  any  person  who  has  died  of 
any  one  of  the  above  diseases  or  of  any  infectious  disease  or  at  any 
services  connected  therewith,  any  person  whose  attendance  is  not 
necessary,  or  to  whom  there  is  danger  of  contagion  thereby. 

Sec.  143.  No  person  .shall  within  this  City,  without  a  permit 
from  the  Board  of  Health,  carry,  remove  or  cause  or  permit  to  be 
carried  or  removed,  any  person  sick  with  any  infectious  disease,  or 
remove  or  cause  to  be  removed  any  such  person  from  any  building 
or  vessel  to  any  other  building  or  vessel  or  to  the  shore  or  to  or 
from  any  vehicle  in  any  part  of  the  City.    Nor  shall  any  person,  by 


!44        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


any  exposure  of  any  individual  sick  of  any  infectious  disease,  or  >f 
the  body  of  such  person,  or  by  any,_negligent  act  connected  there 
with,  br  in  respect  of  the  care  or  custody  thereof,  or  by  a  needier 
exposure  of  himself,  cause  or  contribute  to  or  promote  the  spread 
of  'disease  from  any  such  person  or  from  any  dead  body. 

Sec.  144.  Every  owner,  lessee,  tenant  and  occupant  of  any 
dwelling  or  apartment  in  The  City  of  New  York  shall  forthwith  re 
port  to  the  Department  of  Health  in  writing  the  removal  of  any  per 
son  from  such  dwelling  or  apartment  who  shall  be  suffering  from 
any  of  the  following  infectious  diseases:  Measles,  diphtheria  (croup), 
.scarlet  fever,  small-pox,  chicken-pox.  epidemic  cholera,  typhus  fever, 
rubella  (rotheln),  plague,  whooping  cough t  or  tuberculosis  (of  any 
organ). 

Sec.  145.  No  principal  or  superintendent  of  any  school,  and  no 
parent,  master  or  custodian  of  any  child  or  minor  (having  the -  power 
and  authority  to  prevent)  shall  permit  any  child  or  minor"  having 
scarlet,  fever,  diphtheria  (croup),  small-pox  or  any  dangerous,  infec- 
tious of  contagious  disease,  or  any  child  in  any  family  in. which  any 
such  disease  exists  or  has  .recently  existed,  to  attend  any  public  or 
private  school  until  the  Board  of  Health  shall  have  given  its.  permis- 
sion therefor,  nor  in  any  manner  to  be  unnecessarily  exposed,  or  to 
needlessly  expose  any  other  person  to  the  taking  or  to  the  infection 
of  any  contagious  disease. 

Disinfection. 

Sec.  146.  Adequate  disinfection  or  cleansing  and  renovation  of 
premises,  furniture  and  belongings,  deemed  by  the  Department  of 
Health  to  be  .infected  by  contagions  or  communicable  diseases,  shall 
immediately  follow  the  recover}',  death  or  removal  of  the  person  suf- 
fering from  such  disease,  and,  such  disinfection  or  cleaning  and 
renovation  shall  be  performed  by  the  owner  or  occupant  of  said 
premises  when  ordered  by  the  Board  of  Health. 

Vaccination,  Antitoxin. 

Sec.  147.  Every  person,  being  the  parent  or  guardian,  or  having 
the  care,  custody,  or  control  of  any  minor,  or  other  individual,  shall 
(to  the  extent  of  any  means,  power  and  authority  of  said  parent, 
guardian,  or  other  person  that  could  property  be  used  or  exerted 
for  such  purpose)  cause  and  procure  such  minor  or  individual  to  be 
so  promptly,  frequently  and  effectively  vaccinated,  that  such  minor 
or  individual  shall  not  take,  or  be  liable  to  take  the  small-pox. 

Sec.  148.  That  no  preparation  of  diphtheria  antitoxin  shall  be 
offered  or  exposed  for  -ale  in  this  City  unless  the  receptacle  con- 
taining such  preparation  bear  a  label  on  which  is  placed  the  name 
and  the  address  of  the  producer,  and  upon  such  label,  or  upon  a  cir- 
cular accompanying  such  receptacle  and  inclosed  with  it  in  a  sealed 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK  U5 

package,  shall  be  printed  or  written  the  date  of  production  and  the 
value  of  the  contents  in  antitoxin,  as  measured  by  some  generally 
recognized  standard. 

Vessels  and  Seamen. 

Sec.  149.  The  master,  chief  officer,  and  consignee  of  every  ves- 
sel  not  being  in  quarantine,  or  within  quarantine  limits,  but  being 
within  one-fourth  of  a  mile  of  any  dock,  wharf,  pier,  or  building  of 
>aid  City,  shall  daily  report  to  the  Department  of  Health,  or  cause  to 
be  reported,  in  writing,  the  particulars,  and  shall  therein  state  the 
name,  disease,  and  condition  of  any  person  being  in  or  on  such  ves- 
sel, and  sick  of  aii3r  infectious  disease. 

Sec.  150.  The  keepers.  les>ees,  tenants,  and  owners  of  every 
boarding  house  and  lodging  house  shall  forthwith  notify  the  Depart- 
ment of  Health  of  the  fact  of  any  seafaring  man  or  person  lately 
from,  any i.vessel  being  taken  sick  at  such  house,  and  shall  in  such 
notice  state  where  such  sick  person  may  be  found,  and  fro'm  what 
vessel,  and  when  he  came  to  the  best  of  the  knowledge" of  the  person 
or  persons  giving  such  notice.        .  *  '.'  '  ' 

Sec.  151.  Every  master  and  chief  officer  of  any  vessel,'  and 
every  physician  of,  or  who  practiced  on;  any  vessel  which  shall  ar- 
rive in  the  port  of  New  York  from  any  other  port,  shall  at  once 
report  to  this  Department  any  facts  connected  with  any  person  or 
thing  on  said  vessel,  or  that  came  thereon,  which  he  has  reason  to 
think  ma'-  endanger  the  public  health  of  this  City:  and  he  shall  re- 
port the  facts  as  to  any  person  being  or  having  been  sick  thereon, 
T)f  an  infectious  disease,  and  as  to  there  beins-  or  having  been,  during 
the  voyage  or  since  her  arrival,  any  infected  person  or  articles 
thvreon. 

Sec.  152.  No  master,  charterer,  owner,  part  owner  or  consignee 
of  any  vessel,  or  any  other  person,  shall  bring  to  an}-  dock,  pier, 
wharf,  or  building  within  1,000  feet  thereof,  in  said  City,  or  unload 
at  any  dock,  building,  or  pier  therein,  or  have  on  storage  in  the  built- 
up  portions  of  said  City,  any  skins,  hides,  rags,  or  similar  articles 
or  materials  having  been  brought  from  any  foreign  country  or  any 
infected  place,  or  from  any  points  south  of  Norfolk,  Virginia,  without 
or  otherwise  than  according  to  a  permit  from  the  Board  of  Health, 
and  no  person  shall  sell,  exchange,  remove  or  in  any  way  expose  any 
straw,  bedding  or  other  articles  used  by  immigrants  upon  any  vessel 
bringing  immigrants  to  this  port,  until  it  has  been  adequately  and 
properly  cleansed  or  disinfected;  and  all  straw,  bedding  or  other 
articles  that  have  been  exposed  on  any  vessel  to  contagion  or  in- 
fection of  any  contagious  disease,  or  have  been  or  are  liable  to  com- 
municate such  disease,  shall  be  destroyed  by  tire  on  said  vessel. 

Sec.  153.  No  owner,  agent,  or  consignee  of  any  vessel,  or  cargo, 
and  no  officer  of  any  vessel  (in  respect  of  either  of  which  ves&el  or 


i4o       ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


cargo  a  permit,  according  to  any  law,  ordinance,  or  regulation  shall 
or  should  have  been  obtained  to  pass  quarantine,  or  to  come  up  to  the 
water  front  of  The  City  of  New  York)  shall  unload  or  land,  or  caus< 
to  be  unladen  or  landed,  such  cargo,  or  any  part  thereof,  in  said 
City,  without  having  first  received  a  permit  from  the  Board  of  Health 
so  to  do. 

Sec.  154.  No  captain,  officer,  consignee,  owner  or  other  person 
in  charge  of  any  vessel  (or  having  right  and  authority  to  prevent 
the  same)  shall  remove  or  ai.^Jn  removing  from  any  vessel  to  the 
shore  (save  as  legally  authorized  by* the  "Health  Officer  of  the  "Port 
of  New  York,  and  into  quarantine  grounds  and -buildings  only)  an\ 
person  sick  of.  or  person  that  has  been  exposed  to,  and  is  liable  very 
soon  to  develop  an}-  infectious  disease,  or  so  remove  or  aid  in  re 
moving  any  articles  that  may  have  been  exposed  to  the  contagion  oi 
any  such  disease,  except  in  accordance  with  a  permit  from  the  Board 
of  Health. 

Sec.  155.  No  master,  charterer,  consignee,  or  other  person  shall 
order,  bring  or  allow  (having  power  and  authority  to  prevent  the 
same)  any  vessel  or  person,  or  article  therefrom,  from  any  infected 
port,  or  any  vessel,  or  person  or  article  therefrom,  liable  to  quaran- 
tine, according  to  the  ninth  section  of  the  three  hundred  and  fifty- 
eighth  chapter  o!  the  Laws  of  1863  (or  under  any  other  laws,  and 
whether  such  quarantine  has  been  made  or  suffered  or  not),  to  come 
or  be  brought  to  any  point  nearer  than  300  yards  from  any  dock  or 
pier,  or  to  any  building  in  said  City  without  or  otherwise  than  ac- 
cording to  a  permit  from  the  Board  of  Health.  Nor  shall  any  vessel 
or  person  or  thing  therein  or  therefrom  having  been  in  quarantine, 
come  or  be  brought  within  the  last-named  distance  of  any  last-name<l 
place,  without  the  permit  or  assent  of  this  Board. 

Sec.  156.  No  person  shall  bring  into  this  City  from  any  in- 
fected place,  or  land  or  take  therein  from  any  vessel  lately  from 
an  infected  port,  or  from  any  vessel  or  building  in  which  had  lately 
been  any  person  sick  of  an  infectious  disease,  any  article  or  person 
whatsoever,  nor  shall  any  such  person -la,.j*d  -or  come  into  said  City 
without  a  permit  from  the  Board  of  Health;  and  it  shall  be  no  ex 
cuse  that  such  person  or  article  so  offending,  or  the  occasion  of  of- 
fense, has  passed  through  quarantine,  or  has  a  permit  from  any  other 
source  than  this  Board. 

Sec.  157.  No  owner,  part  owner,  charterer,  agent  or  consignee 
of  any  vessel,  or  any  officer  or  person  having  charge  or  control  of  the 
same,  shall  allow  to  be  cast  therefrom,  and  no  person  shall  casl 
therefrom,  into  any  public  waters  of  Tlie  City  of  New  York,  any 
straw,  bedding,  clothing  or  other  substance. 

Marriages,  Births  and  Deaths. 

Sec.  158.    It  shall  be  the  duty  of  the  clergymen,  magistrates  and 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK  147 


other  persons  who  perform  the  marriage  ceremony  in  The  City  of 
New  York,  to  keep  a  registry  of  the  marriages  celebrated  by  them, 
which  shall  contain,  as  near  as  the  same  can  be  ascertained,  the 
place  and  date  of  marriage,  age.  color,  name  and  surname  of  the 
parities'  married,  birthplace,  residence,  number  of  marriage  .and  con- 
dition of  each,  whether  single,  widowed  of  divorced,  the  occupation 
of  the  groom,  maiden  name  of  the  bride,  if  a  widow,  the  names  of  the 
parents  of  each  and  the  maiden  name  of  the  mother  of  each.  And 
every  person  authorized  by  law  to  perform  the  ceremony  of  marriage 
shall  register  his  or  her  name  and  address  in  the  office  of  the  Bureau 
of  Records. 

■.  Sec.  159.  It  shall  be  the  duty  of  the  parents  of  any  child  born 
in  .said  City  (and  if  there  be  no  parent  alive  that  has  made  such  re- 
nort.  then  of  the  next  of  kin  of  said  child  born),  and  of  every  person 
present  at  such  birth,  within  ten  days  after  such  birth,  to  report  to 
the  .  Department  of  Health,  in  writing,  as  far  as  known,  the  date,  bor- 
ough and  street  number  of  said  birth,  and  the  name,  sex  and  color  of 
such  child  born,  and  the  names,  residence,  birthplace  and  age  of  the 
parents,  the  occupation  of  the  father  and  the  maiden  name  of  the 
mother.  :  It  shall  also  be  the  duty  of  physicians  and  professional 
nndwiv.es.  to  keep  a  registry  of  the  several  births  in  which  they  have 
as>i,->ted,jprofessionally,  which  shall  contain,  as  near  as  the  same  can 

.be  •  ascertained,  the  time  and  place  of  such  birth,  name,  sex  and 
color  of  the  child,  the  name,  residence,  birthplace  and  age  of  the  par- 

.€.nts...the  occupation  of  the  father  and  the  maiden  name  of  the  mother, 
aiul  t;;  report  the  same  within  ten  days  to  the  Department  of  Health. 
.3 >i»t Sec. .  I.60,. -shall  be  the  duty  of  the  next  of  kin  of  any  person 

ideoehfc',  d\r:and -of  each  person  being  with  such  deceased  person  at  his 

•  ■oft-  hea:-- death,  .to  report,  in  writing,  to  the  Department  of  Health, 
within.:h\"e  days  after  such  death,  the  age,  color,  nativity,  last  occupa- 
tion and  cause  of  death  of  such  .deceased  person  and  the  place  of 
such  person's  death  and  last  residence.  Physicians  who  have  at- 
tended deceased  persons  in  their  last  illness  shall  make  and  preserve 
a  registry  of  such  death,  stating  the  cause  thereof  and  specifying 
tlie  date,  hour,  place  and  street  number  of  such  death,  and  shall,  in 
the  report  of  the  death  of  such  persons,  specify,  as  near  as  the  same 
can  be  ascertained,  the  date  of  death,  sex,  name  and  surname,  age, 
occupation,  term  of  residence  in  said  city,  place  of  nativity,  condition 
of  life,  whether  single,  married,  widowed  or  divorced,  color,  last 
place  of  residence,  the  names  and  birthplaces  of  the  parents,  the 
maiden  name  of  the  mother  and  the  cause  of  death  of  such  diseased 
persons,  and  the  Coroners  of  the  City,  in  such  cases  as  an  inquest 
may  have  been  held,  shall,  in  their  certificates,  conform  to  the  re- 
quirements of  this  section. 

.  ..  Every  physician  in  said  City  shall  register  his  or  her  name  and 


j4«H       ORDINANCES  OF  THE  CITY  OF  MEW  YORK 


address  in  the  office  of  the  Bureau  of  Records  of  said  Department. 

Sec.  161.  It  shall  be  the  duty  of  every  person  required  to  make 
or  keep  a  registry  of  births,  marriages  or  deaths,  to  present  to  the 
Bureau  of  Records  a  copy  of  such  registry  signed  by  such  person, 
within  ten  days  after  the  birth  or  marriage,  and  within  thirty  six 
hours  after  the  death  of  any  person  to  whom  such  registry  may  or 
should  relate,  which  shall  thereupon  be  placed  on  file  in  the  said 
Bureau. 

Sec.  162.  No  person  shall  make,  prepare,  deliver  or  issue  any 
false  certificate,  statement  or  report  of  a  birth,  marriage  or  death, 
or  any  such  certificate,  statement  or  report,  which  is  not  in  accordance 
with  the  facts  of  the  birth,  marriage  or  death:  all  certificates,  state- 
ments and  reports  of  births,  marriages  or  deaths,  shall  be  signed  by 
the  person  purporting  to  make  the.  same,  and  no  person  shall  sign  or 
forge  the  name  of  another  to  any  such  certificate,  statement  or 
report. 

Transportation  of  Dead  Bodies. 
Sec.  163.  That  no  captain,  agent  or  person  having  charge  of  or 
attached  to  any  ferryboat,  sailing  or  other  vessel,  nor  any  person 
in  charge  of  any  car,  stage  or  other  vehicle  or  public  or  private  con- 
veyance, shall  convey  or  allow  to  be  conveyed  thereon  or  by  con 
means  aforesaid,  nor  shall  any  person  convey  or  allow  to  be  carried 
or  conveyed,  in  any  manner,  from,  through,  into  or  within  The  City 
of  New  York,  the  dead  body  of  any  human  being,  or  any  part  there 
of,  without  a  permit  therefor  from  the  Board  of  Health.  And  the 
proper  coupon  for  that  purpose  attached  to  any  such  permit,  when 
issued,  shall  be  preserved  and  returned  to  this  Department,  as  its 
regulations  may  require,  by  the  proper  officer  or  person  on  each  boat 
or  vessel,  and  by  the  proper  person  in  charge  of  any  train  of  cars  or 
vehicle  on  which  any  such  body  may  be  carried  from  said  City.  Pro- 
vided, however,  that  the  same  effect  shall  be  given,  under  this  see  • 
tion,  to  transit  permits  issued  severally  by  Boards  ol  Health  of  cities, 
towns  or  villages  in  the  Slate  of  New  York,  or  by  Boards  of  Health 
that  may  be  hereafter  organized,  pursuant  to  Laws  of  the  State  of 
New  York,  or  when  issued  by  the  Health  Officer  of  any  such  city, 
town  or  village,  as  to  a  transit  permit  issued  from  this  Board,  when 
the  death  of  the  person  named  in  the  permit  shall  have  occurred  in 
the  city,  town  or  village  from  which  such  permit  shall  have  been 
issued. 

And  provided  that  the  same  effect  shall  be  given,  under  this  sec- 
tion, to  a  transit  permit  issued  under  the  laws  of  the  State  of  New 
Jersey,  as  to  a  transit  permit  issued  from  this  Board;  subject,  never- 
theless, in  every  case  to  all  the  care,  precautions  and  diligence  pre- 
scribed by  the  rules  and  regulations  of  this  Department.  And  pro- 
vided, that  the  same  effect  be  given,  under  this  section,  to  a  transit 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK  149 

permit  issued  under  the  laws  of  the  State  of  Connecticut,  as  to  a 
transit  permit  from  this  Board;  subject  nevertheless,  in  every  case, 
to  all  the  care,  precautions  and  diligence  prescribed  by  the  rules  and 
regulations  of  this  Department. 

Sec.  164.    No  person  shall  retain,  expose  or  allow  to  be  retained 
or  exposed,  the  dead  body  of  any  human  being  to  the  peril  or  prejn 
dice  of  the  life  or  health  of  any  person. 

Sec.  165.  No  person  shall  be  allowed  to  be  retained  unburied 
the  dead  body  of  any  human  being  for  a  longer  time  than  four  days, 
or  where  death  has  resulted  from  smallpox,  diphtheria  (croup),  scar 
let  fever,  yellow  fever,  typhus  fever,  plague,  Asiatic  cholera  01 
measles,  for  a  longer  time  than  twenty-four  hours,  after  death  of 
such  person,  without  a  permit  from  the  Sanitary  Superintendent  or 
an  Assistant  Sanitary  Superintendent,  which  permit  shall  specify  the 
length  of  time  during  which  such  body  may  be  retained  unburied. 
This  ordinance  shall  not  apply  to  bodies  retained  in  any  public 
morgue  in  The  City  of  New  York. 

Sec.  166.  It  shall  be  the  duty  of  every  person  who  has  discov 
ered  or  seen  the  body  of  a  dead  human  being,  or  any  part  thereof  (if 
there  is  reason  for  such  person  to  think  that  the  fact  of  the  death, 
or  the  place  of  such  body,  or  part  thereof,  is  not  publicly  known),  to 
immediately  communicate  to  the  Bureau  of  Records  the  fact  of  such 
discovery  of  such  body,  the  place  where,  and  time  when,  the  same 
was  discovered  or  seen,  and  where  the  same  is  or  may  be  found,  anc 
any  facts  known  by  which  said  body  may  be  identified,  or  the  caust 
of  death  ascertained. 

Cemeteries. 

Sec.  167.    No  interment  of  the  dead  body  of  any  human  being, 
or  disposition  thereof  in  any  tomb,  vault,  crematory  or  cemetery 
shall  be  made  within  The  City  of  New  York  without  a  permit  there 
for  granted  by  the  Board  of  Health,  nor  otherwise  than  in  accordant 
therewith,  and  said  dead  body  shall  be  placed  in  a  metallic  or  tin 
lined  box,  or  a  box  so  constructed  as  to  prevent  the  issuance  of  any 
liquids  therefrom  ;and  no  sexton  or  other  person  shall  assist  in,  or 
assent  to,  or  allow  any  such  interment,  or  aid  or  assist  about  prepar- 
ing any  grave  or  place  of  deposit  for  any  such  body  or  as^st  in  the 
cremation  of  the  same,  for  which  such  permit  has  not  been  given 
authorizing  the  same.    And  it  shall  be  the  duty  of  every  person  who 
shall  receive' any  such  permit,  to  preserve  and  to  return  the  same 
to  this  Dpartment,  as  its  regulations  may  require. 

Sec.  168.  No  new  crematory,  burying  ground,  cemetery,  tomb 
or  vault  for  dead  human  bodies  shall  be  established,  nor  shall  the  re- 
mains of  any  dead  body  be  placed  in  any  existing  burying  ground, 
vault,  tomb  or  cemetery  in  The  City  of  New  York,  nor  any  of  said 
recepta^tes  fee  opened,  exposed  or  disturbed,  except  according  to  the 


i5o        ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


terms  of  a  permit  therefor  given  by  the  Board  of  Health,  and  every 
body  buried  in  any  such  place  shall  be  buried  to  the  depth  of  six  Feet 
below  the  surface  of  the  ground,  and  four  feet  below  an}'  closely  ad- 
jacent street,  exceot  that  in  the  Borough  of  Queens  a  body  may  be 
buried  to  the  depth  of  three  feet  below  the  surface  of  the  ground. 

No  food,  bverage  or  other  article  for  human  consumption  shall 
be  sold,  exposed  or  offered  for  sale  in  any  cemetery  or  burying 
ground  within  The  City  of  Xew  York. 

Sec.  169.  Every  person  who  acts  as  a  sexton  or  undertaker  in 
the  City  of  New  Youk.  or  has  the  charge  or  care  of  any  crematory, 
vault,  tomb,  burying  ground,  or  cemetery  for  the  reception  of  the 
dead,  or  where  the  bodies  of  any  human  beings  are  deposited,  shall 
cause  his  or  her  name  and  residence,  and  the  nature  of  his  or  her 
charge  and  duties  to  be  registered  with  this  Department. 

Sec.  170.  Every  sexton  and  other  person  having  charge  of  any 
crematory,  burying  ground,  cemetery,  tomb  or  vault  in  the  City  of 
New  York,  shall,  before  12  o'clock  on  Monday  of  each  week,  make 
return'  to  this  Department  of  the  bodies  and  persons  buried  or  cre- 
mated since  their  last  return,  and  in  such  form,  and  specifying  such 
particulars,  as  the  special  regulations  of  this  Department  shall  re- 
-quire. 

Coroners. 

Sec.  171.  At  least  two  hours  before  the  holding  of  any  inquest 
within  The  City  of  New  York  upon  a  dead  body,  the  Coroner  who 
has  been  notified  of  any  death,  or  who  may  propose  or  intend  t" 
bold  such  inquest,  shall  transmit  and  cause  to  be  delivered  to  the 
Bureau  of  Records  written  notice  containing  the  following  facts  so 
"far -as  known  or  reported  to  any  such  Coroner-: 

.  r.,,  The  fact  of  any  such  call  for  the -holding  of  an.  inquest,  and 
by  whom  made,  and  where  and  from  whom  received  by  the  Coroner. 

2.  The  place  (giving  the  street  and  street  number.. and  if  there 
be  none,  then  other  particulars)  where  the  body  is. 

5!    What  is  reported  to  be  the  cause  of  the  death. 

4.  When  and  where  the  death  took  place,  and  where  the  body 
has  since  been. 

5.  When  and  where  he  proposes  to  hold  the  inquest,  giving  the 
street,  the  street  number  (or  otherwise  sufficiently  designating  such 
place),  and  the  hour.* 

6  What  physician,  or  physicians,  or  other  professional  pejson 
last  attended  such  deceased  person,  or  attended  such  person  within 
forty-eight  hours  of  such  decease. 

At  any  time  alter  the  commencement  of  any  inquest,  the  Coro- 
ner holding  or  who  should  hold,  or  who  held  such  inquest,  shall  with- 
in twelve  hours  after  the  receipt  of  a  written  request  so  to  do  from 
the  Sanitary  Superintendent,  answer  in  writing  such  of  the  following 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  151 

or  such  other  questions  as  may  be  propounded  to  him  by  the  said 
Sanitary  Superintendent  to  the  best  of  his  knowledge,  information 
and  belief. 

Report  of  Coroner  (here  insert  Coroner's  name)  upon  the  body 
of  (here  fill  in  the  name  and  description  of  deceased),  on  the  (here 
fill  in  year,  month  and  day),  at  (here  mention  street  and  number). 

1.  What  was  the  age,  sex  and  last  occupation,  residence  and 
nativity  of  such  deceased  person? 

i    At  what  house  or  place,  and  in  or  near  what  street  or  ave 
nue,  at  what  number  therein  did  such  deceased  person  die? 

3.  If  such  deceased  person  died  of  any  poison,  when  and  when 
was  'the  same  administrated,  and  what  was  the  kind  of  poison? 

4.  If  such  deceased  person  died  of  violence,  when  and  when 
was  the  same  committed,  and  upon  what  part  o,f.  the  body  and  or 
i<ans,  and  of  what  did  it  consist? 

5.  If  such  deceased  person  died  of  any  other  cause,  state  such 
cause,  and  when  and  where  the  cause  took  effect  upon  or  was  re  • 
ceived  by  the  deceased? 

6.  Who  was  the  last  in  care  of  or  with  such  deceased  person., 
and  at  what  place  and  at  what  time  before  death,  and  when,  giving 
the  full  name  and  residence  of  each  such  person? 

7.  What  were  the  name  and  residence  of  the  physician  and 
persons  who  last  attended,  and  of  each  physician  and  person  who 
within  forty-eight  hours  of  such  death  attended  upon  such  deceased 
person,  and  where  did  he  so  attend;  and  whether  said  physician  was 
notified  of  or  attended  and  was  examined  at  such  inquest? 

8.  The  times,  places  and  dates  of  holding  the  inquest,  and  the 
names  and  residences  by  street  and  number  of  the  jurors  and  wit 
nesses  that  attended,  and  dates  of  their  attendance,  and  when  and 
where  the  body  of  the  deceased  was  present  at  such  inquest? 

9.  Was  any  post-mortem  examination  made,  and  if  so,  when 
and  where  and  by  whom  and  who  was  present  thereat? 

It  shall  be  the  duty  of  all  Coroners  in  said  City  to  make  returt. 
to  the  Bureau  of  Records  of  -all  requisitions  by  them  ta4cen,  except 
when  by  law  such  inquests  are  required  to  be  filed  elsewhere',  and 
such  return  shall  include  the  evidence  taken  on  such  inquest,  and 
the  verdict  of  the  jury,  and  the  full  names  and  residences  of  the  sev 
eral  jurymen. 

And  in  all  cases  where  the  inquest  may  be  required  by  law  to  be 
filed  elsewhere  such  Coroner  shall  make  return  to  said  Bureau  of  ;< 
copy  of  such  inquest,  including  a  copy  of  such  evidence  and  verdict  . 
and  all  such  returns  shall  be  made  within  forty-eight  hours  after  the 
holding  of  any  and  every  inquest. 

Railroad  Cars. 

Sec.  172.    No  railroad  car  constructed  for  or  used  in  carrying- 


IS2        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


passengers  for  hire  on  any  line  of  railroad,  either  surface  or  elevated 
ni  The  City  of  New  York,  except  cars  run  in  trains  entering  The  Citj 
of  New  York  from  without  the  limits  of  said  City,  shall  be  used  with 
cloth  or  cloth  cushions  on  the  seats  or  on  the  backs  of  seats,  or  with 
textile  fabrics  on  the  floor  thereof. 

Sec.  173.  Each  and  every  car  used  upon  any  railroad  in  The 
City  of  New  York  for  the  carrying  of  passengers  shall,  on  each  and 
•  wery  day  on  which  it  may  be  used,  be  carefully  and  thoroughly 
•Jeaned.  so.  that  all  refuse,  dirt  and  filth  are  removed  from  the  iqside 
of  said  car. 

Sec.  174.    No  person  shall  at  any  time  carry  or  convey  in  or 
upon  any  passenger  railroad  car.  nor  shall  any  conductor  or  person 
in  charge^  of  such  railroad  car  permit  or  allow  to  be  carried  or  con 
veyed  in  or  upon  such  car,  except  on  the  iront  platform  there*  >'  any 
soiled, or  dirty  S'lJcles  of  clothing  or  bedding. 

Sec.  175.  .  Every  car  used  for  the  carrying  of  passengers  in  The 
City  .pf.N  ew  York  shall  be  constructed  so  as  to  provide  and  secure 
at  all  times  good,  adequate  and  sufficient  ventilation. 

Sec.  176.  Every  company,  corporation  or  person  operating  a 
line  of  railroad  cars  for  the  carriage  of  passengers  for  hire  in  The 
City  of  New  York  shall,  in  connection  with  the  running  and  opera- 
tion of  cars  as  aforesaid,  have  and  provide  closed  cars  to  be  run  on 
said  railroad;  and  at  all  times  shall  have,  provide  and  operate  at 
least  one  closed  car  in  every  four  cars  so  operated  and  run  for  the 
carriage  of  passengers  as  aforesaid. 

Sec.  177.  No  conductor,  driver,  grip  man  or  motonnan  of  any 
railroad  car  or  other  vehicle  running  on  tracks  in  The  City  of  New 
York  shall  permit,  allow  or  cause  the  same  to  be  run,  pulled,  drawn 
or  propelled  on  or  around  any  curve  on  the  surface  of  any  public 
street  or  avenue  of  said  City  unless  the  means  and  appliances  by 
which  said  car  is  operated  and  controlled  are  of  such  character  and 
-efficiency  that  the  movement  of  said  car  is  entirely  and  at  all  times 
under  absolute  control,  so  that  the  car  can  be  stopped  at  will  at  any 
point  of  said  curve,  and  be  held  motionless  upon  it  or  be  moved 
upon  it  or  around  it  at  any  desired  rate  of  speed  less  than  the  maxi- 
mum speed  of  operation;  and  no  person,  corporation,  superintendent 
or  other  person  who  is  interested  in  or  who  owns  or  lias  the  man- 
agement and  control  of  any  such  car  or  vehicle,  shall  permit  to  b*e  so 
run,  pulled,  drawn  or  propelled,  or  placed  in  service,  unless  properly 
provided  with  means  and  appliances  as  aforesaid.  No  conductor, 
driver,  gripman  or  motorman  of  any  railroad  car  or  vehicle  running 
on  tracks  in  The  City  of  New  York,  shall  permit,  allow  or  cause 
■the  same  to  be  run,  pulled,  drawn  or  propelled  on  or  around  any 
curve  on  the  surface  of  any  public  street  or  avenue  at  a  rate  of  speed 
-*vhich  is  dangerous  or  detrimental  to  life;  and  no  person,  corporation, 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK  153 


superintendent  or  other  person  who  is  interested  in  or  who  owns  or 
has  the  management  and  control  of  any  such  car  or  vehicle  shall 
permit  it  to  be  so  run,  pulled,  drawn  or  propelled. 

Spitting. 

Sec.  178.    Spitting  upon  the  sidewalk  of  any  public  street,  avenue, 
park,  public  square  or  place,  in  The  City  of  New  York,  or  upon  th< 
flbqf  of  any  hall  in  any  tenement  house  which  is  used  in  common 
by  the  tenants  thereof,  or  upon  the  floor  of  any  hall  or  office  in  any 
hotel  or  lodging  house  which  is  used  in  common  by  the  guests  there 
of  or  upon  the  floor  of  any  theatre,  store,  factory  or  of  any  .  building 
which  is  used  in  common  by  the  public,  upon  the  floor  of  any  ferry 
boat,  railroad  car  or  other  public  conveyance,  or  up  the  floor  of  any 
ferry  house,  depot  or  station,  or  upon  the  station  platform  or  stairs  of 
any  elevated  railroad  or  other  common  carrier,  is  hereby  forbidden. 

The  corporations  or  persons  owning  or  having  the  management 
or  contrrl  of  any  such  building,  store,  factory  ferryboat,  railroad  car 
or  other  public  conveyance  ferry  house,  depot  or  station,  station  plat 
form  or  stairs  of  any  elevated  railroad  or  other  common  carrier,  are 
hereby  required  to  keep  permanently  posted  in  each  of  said  places  a 
sufficient  number  of  notices  forbidding  spitting  upon  the  floors  and 
calling  attention  to  the  provisions  of  this  section. 

The  corporations  or  persons  owning  or  having  the  management 
or  control  of  such  buildings,  stores,  factories,  ferryboats,  ferry  houses, 
depots,  station  platforms  or  stairs  of  any  elevated  railroad  or  other 
common  carrier  are  hereby  required  to  provide  sufficient  and  proper 
receptacles  for  expectoration,  and  also  to  provide  for  the  cleansing 
and  disinfection  of  said  receptacles  at  least  once  every  twenty-four 
hours;  and  spitting  into  the  street  from  the  ears,  stairs,  or  plat 
forms  of  the  elevated  railroads  is  hereby  forbidden. 

It  is  hereby  made  the  duty  of  every  corporation  or  person  en- 
gaged in  the  manufacture  of  cigars,  cigarettes  or  tobacco,  or  con- 
ducting the  business  of  printing  in  The  City  of  New  York  when- 
ten  or  more  persons  are  employed  on  the  premises,  to  provide  prop- 
er receptacles  for  expectoration.  Such  receptacles  are  to  be  propor 
tion  of  one  for  every  two  persons  so  employed,  they  are  to  b< 
cleansed  and  disinfected  at  least  once  every  twenty-four  hours. 

A  copy  of  the  preceding  paragraph  must  be  kept  posted  in  a 
conspicuous  place  in  every  factory  or  printing  office  mentioned 
therein. 

Barber  Shops. 

Sec.  179.  Every  barber  shop  in  The  City  of  New'Vork  shall  b< 
conducted  in  accordance  with  regulations  adopted  from  time  to  tirn^ 
by  the  Board  of  Health.  A  copy  of  such  regulations  must  be  posted 
in  a  conspicuous  place  in  every  such  barber  shop. 


T54        ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Noise.  • 

Sec  180.  No  person  owning,  occupying,  or  having  charge  of  an> 
building  or  premises,  shall  keep  or  allow  thereon  or  therein  any  ani- 
mal or  bird,  which  shall  by  noise,  disturb  the  quiet  or  repose  of  an> 
person  therein  or  in  the  vicinity,  to  the  detriment  of  the  life  or 
health  of  any  human  being. 

CHAPTER  15— THE  BUILDING  CODE. 

Providing  for  all  matters  concerning,  affecting  or  relating  to  the 
onstruction,  alteration  or  removal  of  buildings  or  structures  erected 
>r  to  be  erected  in  The  City  of  Xew  York,  as  constituted  by  the 
Greater  New  York  Charter. 

Part  1— Short  Title  of  this  Ordinance. 

A  Remedial  Ordinance. 

Section  1.  This  ordinance  to  be  known  and  cited  as  the  Build- 
up Code,  and  presumptively  contains  the  Building  Law,  except  so 
far  as  such  provision.^  are  contained  in  the  Charter — The  following 
provisions  shall  constitute  and  be  known  as  the  Building  Code  and 
may  be  cited  as  such,  and  presumptively  provides  for  all  matters  con- 
cerning, affecting  or  relating  to  the  construction,  alteration  or  re- 
moval of  buildings  or  structures  erected  or  to  be  erected  in  The  City 
of  Mew  York,  as  constituted  by  the  Greater  New  York  Charter,  ex- 
<  pt  so  far  as  such  provisions  are  contained  in  said  Charter. 

Sec.  2.  Building  Code  to  be  Construed  Liberally — This  ordi- 
nance is  hereby  declared  to  be  remedial,  and  is  to  be  construed  liberal- 
ly to  secure  the  beneficial  interests  and  purposes  thereof. 

Part  2 — Preliminary  Requirements. 

Sec.  3.  New  Buildings  and  Buildings  to  Be  Altered — No  wall, 
structure,  building  or  part  thereof  shall  hereafter  be  built  or  con- 
structed, nor  shall  the  plumbing  or  drainage  of  any  building,  struc- 
ture or  premises  be  constructed  or  altered  in  The  City  of  New  York, 
except  in  conformity  with  the  provisions  of  this  Code.  No  building 
already  erected,  or  hereafter  to  be  built,  in  said  City,  shall  be  raised, 
altered,  moved  or  built  upon  in  any  manner  that  would  be  in  viola- 
tion of  an}-  of  the  provisions  of  this  Code,  or  the  approval  issued 
thereunder. 

Sec.  4.  Filing  Plans  and  Statements — Before  the  erection,  con- 
struction or  alteration  of  any  building  or  part  of  any  building,  struc- 
ture or  part  of  any  structure  or  wall,  or  any  platform,  staging,  or 
flooring  to  be  used  for  standing  or  seating  purposes,  and  before  the 
construction  or  alteration  of  the  plumbing  or  drainage  of  any  build- 
ing, structure  or  premises  is  commenced  the  owner  or  lessee  in  con- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  i$S 


hection  with  the  proposed  erection  or  alteration,  shall  submit  to  tin 
Commissioner  of  Buildings  for  the  borough  in  which  the  premises- 
are  situated,  a  detailed  statement  in  triplicate  of  the  specifications,  on 
appropriate  blanks  to  be  furnished  to  applicants  by  the  Department 
of  Buildings,  and  a  full  and  complete  copy  of  the  plans  of  such  pro- 
posed work,  and  such  structural  detail  drawings  of  said  proposed 
work  as  the  Commissioner  of  Buildings  having  jurisdiction  may  re 
quire,  all  of  which  shall  be  accompanied  with  a  statement  in  writing, 
sworn  to  before  a  Notary  Public  or  Commissioner  of  Deeds,  giving 
the  full  name  and  residence,  street  and  number,  of  the  owner,  or  of 
each  of  the  owners  of  said  building,  or  proposed  building,  structure 
or  proposed  structure,  premises,  wall,"  platform, '  staging  or  flooring. 
If  such  crectlorh  "construction  or  alteration,  plumbing  or  drainage  or 
the  alteration'  thereof,  is  proposed  to  be  made  or  executed  by  any 
other  person  than  the  owner  or  owners  of  the  land  in  lee,  the  person 
or  persons  intending  to  make  such  erection  or  alteration,  or  to  con 
struct  such  plumbing  or  drainage,  shall  accompany  said  detailed 
statement  -  of  the  specifications  and  copy  of  the  plans,  witnt'a''  "state- 
ment in  writing  sworn  to  as  aforesaid,  giving  the  full  name"  and  resi- 
dence, street  'and  number,'  of  the  owner  or  owners  of  the  rand,  or 
proposed  building; ;  structure  or  proposed  structure,'  premises,  ..wall 
platform',  'staging*  .-or  flooring  either  as  owner,  lessee  or  in  any  "repre- 
sentative capacity,'. ;and  that  lie  or  they  are  duly  authorized  to'p*'Vl 
form  said  work.  •  Such  statement  may  be  ma.de  by.  the  agent'  or"  archi- 
tect of  the  person'  or  persons  hereinbefore  required  to  make  the  samcT 
Any  false  swearing  in  a  material  point  in  any  statement' submitted  irf 
pursuance  of  the  provisions  of  this  section  shall  be  deemed  perjury, 
and  shall  be  punishable  as  such.  Said  sworn  statement  and  detailed 
statement  of  specifications  and  copy  of  the  plans  shall  be  kept  ort. 
file  in  the  office  of  the  Commissioner  of  Buildings  for  the  Borough 
where  the  premises  to  which  they  relate  are  situated,  and  the  erec- 
tion, construction  or  alteration  of  said  building,  structure,  wall,  plat- 
form, staging  or  flooring,  or  any  part  thereof,  and  the  construction  or' 
alteration  of  the  said  plumbing  or  drainage,  shall  not  be  commence  d 
or  proceeded  with  until  said  statements  and  plans  shall  have  been! 
so  tiled  and  approved  by  the  said  Commissioner  of  Buildings,  and 
the  erection,  construction  or  alteration  of  such  building,  structuri  . 
platform,  staging  or  flooring,  and  the  construction  or  alteration  of 
such  plumbing  or  drainage  when  proceeded  with  shall  be  constructed 
in  accordance  with  such  approved  detailed  statement  of  specil 
tions  and  copy  of  plans.  Nothing  in  this  section  shall  be  construed 
to  prevent  a  Commissioner  of  Buildings  from  granting  his  approval 
for  the  erection  of  any  part  of  a  building,  or  any  part  of  a  structun  . 
wlu-re  plans  and  detailed  statements  have  been  presented  for  the 
same  before  the  entire  plans  and  detailed  statements  of  said  build 


156        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


ng  or  structure  have  been  submitted.  Any  approval  which  may  be 
issued  by  a  Commissioner  of  Buildings,  pursuant  to  the  provisions  of 
this  secton,  but  under  which  no  work  is  commenced  within  one  year 
from  the  time  of  issuance,  shall  expire  by  limitation.  Ordinary  re- 
pairs of  buildings  or  structures,  or  of  the  plumbing  or  drainage 
thereof,  may  be  made  without  notice  to  the  Department  of  Buildings, 
but  such  repairs  shall  not  be  construed  to  include  the  cutting  away 
of  any  stone  or  brick  wall,  or  any  portion  thereof,  the  removal  or 
cutting  of  any  beams  or  supports,  or  the  removal,  change  or  drain- 
age system,  or  the  construction  of  any  soil  or  waste  pipe.  The  fore- 
going provisions  arid  all  the  provisions  of  this  Code  shall  apply  with 
equal  force  to  buildings,  both  municipal  and  private.  It  shall  be  the 
duty  of  the  Commissioner  of  Buildings  having  jurisdiction,  to  ap- 
prove or  reject  any  plan  filed  with  him  pursuant  to  the  provisions 
)f  this  section,  within  a  reasonable  time. 

Sec.  5.  Demolishing  Buildings — When  plans  and  detailed  state- 
ments are  filed  in  the  Department  of  Buildings  for  the  erection  of  a 
new  building,  if  an  existing  building  or  part  of  an  existing  building  is 
to  be  demolished,  such  fact  shall  be  stated  in  the  statement  so  tiled. 

In  demolshing  any  building,  story  after  story  shall  be  completely 
removed.  No  material  shall  be  placed  upon  the  floor  of  any  such 
building  in  the  course  of  demolition,  but  the  brick,  timbers  and  other 
.structural  parts  of  each  storv  shall  be  lowered  to  the  ground  immedi- 
ately upon  displacement.  The  owner,  architect,  builder  or  contrac- 
tor for  any  building,  structure,  premises,  wall,  platform,  staging  or 
flooring  to  be  demolished  shall  give  not  less  than  twenty-four  hours' 
notice  to  the  Department  of  Buildings  of  such  intended  demolition. 

Part  3 — Definitions. 

Sec.  6.  •Measurement  of  Height  for  Buildings  and  Walls — The 
height  of  buildings  shall  be  measured  from  the  curb  level  at  the 
centre  of  the  front  of  the  building  to  the  top  of  the  highest  point  of 
tue  roof  beams  in  the  case  of  flat  roofs,  and  for  high-pitched  roofs 
the  average  of  the  height  of  the  gable  shall  be  taken  as  the  highest 
point  of  the  building. 

In  case  a  wall  is  carried  on  iron  or  steel  girders  or  iron  or  steel 
girders  and  columns,  or  piers  of  masonry,  the  measurements  as  to 
height  for  the  wall,  may  be  taken  from  the  top  of  such  girder. 

When  the  walls  of  a  structure  do  not  adjoin  the  street,  then  the 
average  level  for  the  ground  adjoining  the  walls  may  be  taken  instead 
of  the  street  curb  level  for  the  height  of  such  structure. 

Sec.  7.  Measurement  of  Width  of  Buildings — For  the  purposes 
of  this  Code,  the  greatest  linear  dimension  of  any  building  shall  be 
considered  its  length  and  the  next  greatest  linear  dimension  its  width. 

Sec.    8.    Private    Dwellings,    Definition   of — A    private  dwelling 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK,  157 

Shall  be  taken  to  mean  and  include  every  building,  which  shall  be  in- 
tended or  designed  for,  or  used  as,  the  home  or  residence  of  not  more 
than  two  separate  and  distinct  families  or  households,  and  in  which 
not  more  than  1$  rooms  shall  be  used  for  the  accommodation  of 
boarders,  and  no  part  of  which  structure  is  used  as  a  store  or  for  any 
business  purpose.  Two  or  more  such  dwellings  may  be  connected  on 
each  story  when  used  for  boarding  purposes,  provided  the  halls  and 
stairs  of  each  house  shall  be  left  unaltered.  Any  such  building  here- 
after erected  shall  not  cover  more  than  90  per  cent,  of  the  lot  area. 

Sec.  9.  Apartment  Houses,  Definition  of — An  apartment  house 
shall  be  taken  to- mean  and  include  every  building,  which  shall  be  in- 
tended or  designed  for,  or  used  as,  the  home  or  residence  of  three  or 
more  families  or  households,  living  independently  of  each  other,  and 
in  which  every  such  family  or  household,  shall  have  provided  for  it 
a  kitchen,  set  bathtub  and  water-closet,  separate  and  apart  from  any 
other.  Any  such  building  hereafter  erected  shall  not  cover  any 
greater  percentage  of  a  lot  than  is  lawful  to  be  covered  by  a  tenement 
house,  and  the  requirements  for  light  and  ventilation  for  a  tenement 
house  shall  also  apply  to  an  apartment  house. 

Sec.  10.  Hotels,  Definition  of — A  hotel  shall  be  taken  to  mean 
and  include  every  building,  or  part  thereof,  intended,  designed  or 
used  for  supplying  food  and  shelter  to  residents  or  guests,  and  hav- 
ing a  general  public  dining-room  or  cafe,  or  both,  and  containing 
more  than  15  sleeping  rooms  above  the  first  story,  and  be  intended 
and  used  for  business  purposes,  and  not  be  located  on  any  other 
than  a  corner  lot  or  plot,  it  shall  not  cover  in  the  aggregate  more 
than  90  per  cent,  of  the  area  of  such  lot  or  plot  at  and  above  the 
second  story  level,  if  not  more  than  five  stories  in  height,  and  two 
and  one-half  per  cent,  less  for  every  additional  story  in  height;  and 
on  a  corner  lot,  when  covering  an  area  of  not  more  than  3.000  square 
feet,  it  shall  not  occupy  more  than  95  per  cent,  of  the  area  of  such 
lot  at  and  above  the  second  story  level.  In  case  any  such  building  is 
to  occupy  a  number  of  lots,  the  Commissioner  of  Buildings  having 
jurisdiction  may  allow  the  free  air  space,  proportioned  as  herein 
stated,  to  be  distributed  in  such  manner  as,  in  his  opinion,  will 
equally  as  well  secure  light  and  ventilation. 

Sec.  11.  Office  Buildings.  Definition  of — An  office  building  shall 
be  taken  to  mean  and  include  every  building  which  shall  be  divided 
into  rooms  above  the  first  story,  and  be  intended  and  used  for  busi- 
ness purposes,  and  no  part  of  which  shall  be  used  for  living  purposes, 
excepting  only  for  the  janitor  and  his  family. 

Office  buildings  when  not  erected  on  a  corner,  shall  not  covet- 
more  than  90  per  cent,  of  the  lot  area,  at  and  above  the  second  story 
level. 


ORDINANCES  O F  T 1 1  K  G I T Y  0  !•'  N  E  W  Y  OR  K 


Sec.  12;  Frame  Buildings,  Definition  of-- A  frame  building  shall 
be  taken  to  mean  a  building  or  structure  of  which  the  exterior  waifs  or 
a  portion  thereof  shall  be  constructed  of  wood.  Buildings  sheathed 
w  ith  boards,  and  partially  or  entirely  covered  with  4  inches  of  brick 
work,  shall  be  deemed  to  be  frame  buildings.  Wood  frame-  covered! 
with  metal  shall  be  deemed  to  be  wood  structures. 

Part  4 — Quality  of  Materials. 

Sec.  13.  Brick — The  brick  used  in  all  buildings  shall  be  good, 
hard,  well  burnt  brick. 

When  old  brick  are  used  in  any  wall  they  shall  be  thoroughly,, 
cleaned  before  being"  used,  and  shall  be  whole  and  good.  hard,  well 
burnt  brick.  :  .tirjr;,  • 

Sec.  14.    Sand — The  sand  used  for  mortar  in  all  building.-  shall 
be  clean,,  sharp  grit  sand,  free  from  loam  or  dirt,  and  shall  n<»t  be- 
liner  than  the  standard  samples  ke.pt  in  the  office  of  the  Departine'iiV 
of  Buildings.       :  ,       ,  .. . . .      .      .:  /  -      '  " 

Sec.  15.-  Lime  Mortar — Lime  mortar  shall  be  made  of.  c^q<  part 
lime  and  not  more  than  four  parts  of  sand.  All  lime  used  for' mortal4 
shall  be  thoroughly  burnt,  of-  good  quality,  and  properly  slaked  be- 
fore it  is  mixed! -with  the  sand.  :..  ~.: 

Sec.   16.    Cement  Mortar — Cement  mortar  -hall  be  made  6f  ce 
merit  and  sand  in  the  proportion  of  one  part  of  cement  and  ftoF.more 
than   three  parts  sand,  and  shall  be  used  immediately  after  bang 
mixed.     The  cement  and  sand  are  to  be  measured  and  thoroughly 
mixing  before  adding  water.  !>,•* 

Cement-must  be  very  finely  ground  and  free  from  lumps.  ;;  i;s 
.  Cements  classed  as  Portland  cement  shall  be  considered  jo 
mean  such  cement  as  will,  when  tested  neat,  after,  one  .day  sei  jiw. ;.iir. 
be  capable  of  sustaining  without  rupture  a  tensile  strain  .  of  ..at., le,a:st 
120  pounds  per  square  inch,  and  after  one  day  in  air  and  sjx  day-  in 
water  be  capable  of  sustaining  without  rupture  a  tensile  strain-  of  at 
least  300  pounds  per  square  inch.  Cements  other  than  Portland 
cement  shall  be  considered  to  mean  such  cement  as  will,  when  te>te(l 
neat,  after  one  day  set  in  air,  be  capable  of  sustaining  without  rupture 
a  tensile  strain  of  at  least  60  pounds  per  square  inch,  and  after,  one 
day  in  air  and  six  days  in  water  be  capable  of  sustaining  without  rup. 
lure  a  tensile  strain  of  at  least  120  pounds  per  square  inch.  Said  teste 
arc  to  be  made  under  the  supervision  of  the  Commissioner  of  Ibtild- 
ings  having  jurisdiction,  at  such  times  as  he  may  determine,  and  a 
record  of  all  cements  answering  the  above  requirements  shall  be  kept 
for  public  information. 

Sec.  17.  Cement  and  Lime  Mortar — Cement  Aid  lime  mortar 
mixed  shall  be  made  of  one  part  lime,  one  pan  of  cement  and  not 
more  than  three  parts  of  sand  to  each. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  18.  Concrete  for  foundations  shall  be  made  of  at  least  one 
part  of  cement,  two  parts  of  sand  and  five  parts  of  clean  broken 
>tone,  of  such  size  so  as  to  pass  in  any  way  through  a  two-inch  ring, 
•  >r  good,  clean  gravel  may  be  used  in  the  same  proportion  as  broken 
-tone.  The  cement,  sand  and  stone  or  gravel  shall  be  measured 
and  mixed  as  is  prescribed  for  mortar.  All  concrete  when  in  place 
shall  be  properly  rammed  and  allowed  to  set,  without  being  disturbed. 

Sec.  19.  Quality  of  Timber — All  timbers  and  wood  beams  used 
in  any  building  shall  be  of  good,  sound  material,  free  from  rot,  large 
and  loose  knots,  shakes  or  any  imperfection  whereby  the  strength 
may  be  impaired,  and  be  of  such  "size  a*id  dimensions  as  the  pur- 
poses for  which  the  building  is  intended  require. 

Sec.  20.  Tests  of  New  Materials — New  structural  material  of 
whatever  nature  shall  be  subjected  to  such  tests  to  determine  it5- 
character  and  quality,  as  the  Commissioner  of  Buildings  for  the  bor- 
ough in  which  the  material  is  to  be  used  shall  direct;  the  tests  shall 
be  made  under  the  supervision  of  said  Commissioner,  or  he  may  di- 
rect the  architect  or  owner  to  tile  with  him  a  certified  copy  of  the 
results  of  tests,  such  as  he  may  direct  shall  be  made. 

Sec.  21.  Structural  Material;  Wrought  Iron — AH  wrought  iron 
shall  be  uniform  in  character,  fibrous,  tough  and  ductile.  It  shall 
have  an  ultimate  tensile  resistance  of  not  less  than  48,000  pounds  per 
square  inch,  an  elastic  limit  of  not  less  than  24,000  pounds  per  square 
inch,  and  an  elongation  of  20  per  cent,  in  eight  inches  when  tested 
in  small  specimens. 

Steel — All  structural  steel  shall  have  an  ultimate  tensile  strength 
of  54,000  pounds  to  04,000  pounds  per  square  inch,  its  elastic  limit 
shall  not  be  less  than  32,000  pounds  per  square  inch,  and  a  mini- 
mum elongation  of  not  less  than  20  per  cent,  in  eight  inches.  Rivet 
steel  shall  have  an  ultimate  strength  of  from  50,000  to  58,000  pounds 
per  square  inch- 

Cast  Steel — Shall  be  made  of  open  hearth  steel,  containing  one- 
quarter  to  one-half  per  cent,  of  carbon,  not  over  eight  one-hun- 
dredths  of  1  per  cent,  of  phosphorus  and  shall  be  practically  free 
from  blow-holes. 

Cast  Iron — Shall  be  of  good  foundry  mixture,  producing  a  clean, 
tough,  gray  iron.  Sample  bars,  five  feet  long,  one  inch  square,  cast 
in  sand  molds,  placed  on  supports  four  feet  six  inches  apart,  shall 
bear  a  central  load  of  450  pounds  before  breaking.  Castings  shall  be 
tree  from  serious  blow-holes,  cinder  spots  and  cold  shuts.  Ultimate 
tensile  strength  shall  be  not  less  than  10,000  pounds  per  square 
inch  when  tested  in  small  specimens. 

Part  5 — Excavations  and  Foundations. 

Sec.  22.    Excavations — All    excavations    for    buildings  shall  be 


joo        ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


properly  guarded  and  protected  so  as  to  prevent  the  same  from  be- 
coming dangerous  to  life  or  limb,  and  shall  be  sheath-piled  when 
necessary  to  prevent  the  adjoining  earth  from  caving  in,  by  the  per 
son  or  persons  causing  the  excavations  to  be  made..  Plans  filed  in 
the  Department  of  Buildings  shall  be  accompanied  by  a  statenum 
of  the  character  of  the  soil  at  the  level  of  the  footings. 

Whenever  an  excavation  of  either  earth  or  rock  for  building  <u 
other  purposes  shall  be  intended  to  be,  or  shall  be  carried  to  a  depth 
of  more  than  10  feet  below  the  curb,  the  person  or  persons  causing 
such  excavation  to  be  made  shall  at  all  times,  from  the  commence 
meflt  until  the  completion  thereof,  if  afforded  the  necessary  license, 
to  enter  upon  the  adjoining  land,  and  not  otherwise,  at  his  or  their 
expense,  preserve  any  adjoining  or  contiguous  wall  or  walls,  strnc 
ture  or  structures  from  injury,  and  support  the  same  by  proper 
foundations,  so  that  the  said  wall  or  walls,  structure  or  structure^ 
are  down  more  or  less  than  1<>  feet  below  the  curb.  If  the  neces- 
sary license  is  not  accorded  to  the  person  or  persons  making  such- 
excavation,  then  it  shall  be  the  duty  of  the  owner  refusing  to  grant 
Mich  license  to  make  the  adjoining  or  contiguous  wall  or  walls, 
structure  or  structures,  safe,  and  support  the  same  by  proper  foun- 
dations so  that  adjoining  excavations  may  be  made  and  shall  be 
permitted  to  enter  upon  the  premises  where  such  excavation  i> 
being  made  for  that  purpose,  when  necessary.  If  such  excavation 
shall  not  be  intended  to  be,  or  shall  not  be,  carried  to  a  depth  <»t 
more  than  10  feet  beiow  the  curb,  the  owner  or  owners  of  such  ad- 
joining or  contiguous  wall  or  walls,  structure  or  structures,  shall 
preserve  the  same  from  injury,  and  so  support  the  same  by  proper 
foundations,, that  it  or  they  shall  be  and  remain  practically  safe  as 
before  such  excavation  was  commenced,  and  shall  be  permitted  to 
enter  upon  the  premises  where  such  excavation  is  being  made  for 
that  purpose,  when  necessary. 

In  case  an  adjoining  party  wall  is  intended  to  be  used  by  the 
person  or  persons  causing  the  excavation  to  be  made,  and  such 
party  wall  is  in  good  condition  and  sufficient  for  the  uses  of  the  ad- 
joining building,  then  and  in  such  case  the  person  or  persons  caus- 
ing the  excavations  to  be  made  shall,  at  his  or  their  own  expense, 
preserve  such  party  wall  from  injury  and  support  the  same  by  proper 
foundations,  so  that  said  party  wall  shall  be  and  remain  practically 
as  safe  as  before  the  excavation  was  commenced. 

If  the  person  or  persons  whose  duty  it  shall  be  to  preserve  or 
protect  any  wall  or  walls,  structure  or  structures  from  injury  shall 
neglect  or  fail  so  to  do  after  having  had  a  notice  of  twenty-four 
hours  from  the  Department  of  Buildings,  then  the  Commissioner  oi 
Ruildings  may  enter  upon  the  premises  and  employ  such  labor  and 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  i6t 


fufrnish  sitch  materials,  and  take  such  steps  as,  in  his  judgment,  may 
he  necessary  to  make  the  same  safe  and  secure,  or  to  prevent  the 
same  from  becoming  unsafe  or  dangerous,  at  the  expense  of  the  per- 
son or  persons  whose  duty  it  is  to  keep  the  same  safe  and  secure- 
Any  party  doing  the  said  work,  or  any  part  thereof,  under  and  by 
direction  of  the  said  Department  of  Buildings,  may  bring  and  main- 
tain an  action  against  the  person  or  persons  last  herein  referred  to, 
to  recover  the  value  of  the  work  done  and  materials  furnished,  in  and 
about  the  said  premises,  in  the  same  manner  as  if  he  had  been  em- 
ployed to  do  the  said  work  by  the  said  person  or  persons.  When 
an  excavation  is  made  on  any  lot, -the  person  or  persons  causing  such 
excavation  to  be  made  shall  build,  at  his  or  their  own  cost  and  ex- 
pense, a  retaining  wall  to  support  the  adjoining  earth;  and  such 
retaining  wall  shall  be  carried  t  »  the  height  of  the  adjoining  earth, 
and  be  protected  by  coping.  The  thickness  of  a  retaining  wall  at 
its  base  shall  be  no  less  than  one-fourth  of  its  height. 

Sec.  23.  Bearing  Capacity  of  Soil- — Where  no  test  of  the  sus- 
taining power  of  the  soil  is  made,  different  soils,  excluding  mud.  at 
the  bottom  of  the  footings,  shall  be  deemed  to  safely  sustain  the  fol- 
lowing loads  to  the  superficial  foot — namely:  Soft  clay,  one  ton  per 
square  foot;  ordinary  clay  and  sand  together,  in  layers,  wet  and 
springy,  two  tons  per  square  foot;  loam,  clay  or  fine  sand,  firm  and 
dry,  three  tons  per  scptarc  foot;  very  firm,  coarse  sand,  stiff  gravel 
or  hard  clay,  four  tons  per  square  foot,  or  as  otherwise  determined 
by  the  Commissioner  of  Buildings  having  jurisdiction..  When  a  test 
is  made  of  the  sustaining  power  of  the  soil  the  Commissioner  of 
Buildings  shall  be  notified,  so  that  he  may  be  present  in  person  or 
by  representative.  The  record  of  the  test  shall  be  tiled  in  the  De- 
partment of  Buildings,  When  a  doubt  arises  as  to  the  safe  sustain- 
ing power  of  the  earth  upon  which  a  building  is  to  be  erected  the 
Department  of  Buildings  may  order  borings  to  be  made,  or  direct 
the  sustaining  power  of  the  soil  to  be  tested  by  and  at  the  expense 
of  the  owner  of  the  proposed  building. 

Sec.  24.  Pressure  Under  Footings  of  Foundations — The  loads 
exerting  pressure  under  the  footings  of  foundations  in  buildings  of 
more  than  three  (3)  stories  in  height  are  to  be  computed  as  follows: 
For  warehouses  and  factories  they  are  to  be  the  full  dead  load  and 
the  full  live  load  established  by  section  130  of  this  Code.  In  stores 
and  buildings  for  light  manufacturing  purpose^  they  are  to  be  the  full 
dead  load  and  7.*>  per  cent,  of  the  live  load  established  by  section  130 
of  this  Code. 

In  churches,  school  houses  and  places  of  public  amusement  of 
assembly  they  are  to  be  full  dead  load  and.  75  per  cent,  of  the  live 
lead  established  by  section  130  of  this  Code. 


i6_>        ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 

En  office  buildings,  hotels,  dwellings,  apartment  houses,  tenement 
houses,  lodging  houses  and  stables  they  are  to  be  the  full  dead  load 
and  GO  per  cent,  of  the  live  load  established  by  section  130  of  this 
Code. 

Footings  will  be  so  designed  that  the  loads  will  be  as  nearly  uni- 
form as  possible  and  not  in  excess  of  the  safe  bearing  capacity  of 
the  soil,  as  established  by  section  23  of  this  Code. 

Sec.  25-  Foundations — Every  building,  except  buildings  erected 
upon  solid  rock  or  buildings  erected  Upon  wharves  and  piers  on  the 
water  front,  shall  have  foundation  of  brick,  stone,  iron,  steel  or  con- 
crete laid  not  less  than  4  feet  below  the  surface  of  the  earth,  on  the 
solid  ground  or  level  surface  of  rock,  or  upon  piles  or  ranging  tim- 
bers when  solid  earth  or  rock  is  not  found.  Piles  intended  to  sus- 
tain a  wall,  pier  or  post  shall  be  spaced  not  more  than  36  or  less 
than  20  inches  on  centres,  and  they  shall  be  driven  to  a  solid  bear- 
ing, if  practicable  to  do  so,  and  the  number  of  such  piles  shall  be 
sufficient  to  support  the  superstructure  proposed.  Xo  pile  shall  be 
used  of  less  dimensions  than  5  inches  at  the  small  end  and  10  inches 
at  the  butt  for  short  piles,  or  piles  20  feet  or  less  in  length,  and  12 
inches  at  the  butt  for  long  piles,  or  piles  more  than  20  feet  in  length. 
No  nile  shall  be  weighted  with  a  load  exceeding  40,000  pounds. 
When  a  pile  is  not  driven  to  refusal,  its  safe  sustaining  power  shall 
be  determined  by  the  following  formula:  Twice  the  weight  of  the 
hammer  in  tons  multiplied  by  the  height  of  the  fall  in  feet  divided  by 
the  least  penetration  of  pile  under  the'  last  blow  in  inches  plus  one. 
The  Commissioner  of  Buildings  shall  be  notified  of  the  time  when 
such  test  piles  will  be  driven,  that  he  may  be  present  in  person  or  by 
representative.  The  tops  of  all  piles  shall  be  cut  off  below  the  low- 
est water  line.  When  required,  concrete  shall  be  rammed  down  in 
the  interspaces  between  the  beads  of  the  piles  to  a  depth  and  thick- 
ness of  not  less  than  12  inches  and  for  one  foot  in  width  outside  of 
the  piles.  Where  ranging  and  capping  timbers  are  laid  on  piles  for 
foundations,  they  shall  be  of-  hard  wood  not  less  than  six  inches 
thick  and  properly  joined  together,  and  their  tops  laid  below  the 
lowest  water  line.  Where  metal  is  incorporated  in  or  forms  part  of 
a  foundation,  it  shall  be  thoroughly  protected  from  rust  by  paint, 
asphaltum,  concrete,  or  by  such  materials  and  in  such  manner  as 
may  be  approved  by  the  Commissioner  of  Buildings.  When  footings 
of  iron  or  steel  for  columns  are  placed  below  the  water  level,  they 
shall  be  similarly  coated,  or  inclosed  in  concrete,  for  preservation 
against  rust.  When  foundations  are  carried  down  through  earth  by 
piers  of  stone,  brick  or  concrete  in  caissons,  the  loads  on  same  shall 
be  not  more  than  1  .">  tons  to  the  square  foot  when  carried  down  to 
rock;  10  tons  to  the  square  foot  when  carried  down  to  firm  gravel 


Ordinances  of  the  city  of  new  vork. 


or  hard  clay;  8  tons  to  the  square  loot  in  open  caissons  or  >heet  pile 
trenches  when  carried  down  to  rock.  Wood  piles  may  he  useid  for 
the  foundations  under  frame  buildings  built  over  the  water  or  on 
salt  meadow  land,  in  which  case  the  piles  may  project  above  the 
water  a  sufficient  height  to  raise  the  building  above  high  tide,  and  the 
building  may  be  placed  directly  thereon  without  other  foundation. 

Sec.  Foundation  Walls — Foundation  walls  shall  be  construed 
to  include  all  walls  and  piers  built  below  the  curb  level,  or  nearest 
tier  of  beams  to  the  curb,  to  serve  as  supports  for  walls,  piers,  col- 
umns, girders,  posts  or  beams.  Foundation  walls  shall  be  built  of 
stone,  brick,  Portland  cement,  concrete,  iron  or  steel.  If  built  of 
rubble  stone  or  Portland  cement  concrete,  they  shall  be  at  least  8 
inches  thicker  than  the  wall  next  above  them  to  a  depth  of  12  feet 
below  the  curb  level;  and  for  every  additional  10  feet,  or  part  there- 
of, deeper,  they  shall  be  increased  4  inches  in  thickness.  If  built  of 
brick,  they  shall  be  at  least  4  inches  thicker  than  the  wall  next  above 
them  to  a  depth  of  12  feet  below  the  curb  level;  and  for  every  addi- 
tional 10  feet,  or  part  thereof,  they  shall  be  increased  4  inches  in 
thickness. 

The  footing  or  base  course  shall  be  of  stone  or  concrete,  or 
both,  or  of  concrete  and  stepped-up  brick  work,  of  sufficient  thick- 
ness and  area  to  safely  bear  the  weight  to  be  imposed  thereon-  If 
the  footing  or  base  course  be  of  concrete,  the  concrete  shall  not  be 
less  than  12  inches  thick.  If  of  stones,  the  stones  shall  not  be  less 
than  2  by  feet,  and  at  least  8  inches  in  thickness  for  walls;  and  not 
less  than  10  inches  in  thickness  if  under  piers,  columns  or  posts;  the 
footing  or  base  course,  whether  formed  of  concrete  or  stone,  shail 
be  at  least  12  inches  wider  than  the  bottom  width  of  walls,  and  at 
least  12  inches  wider  on  all  sides  than  the  bottom  width  o*f  said  piers, 
columns  or  posts.  If  the  superimposed  load  is  such  as  to  cause  un- 
due transverse  strain  on  a  footing  projecting  12  inches,  the  thickness 
of  such  footing  is  to"  be  increased  so  as  to  carry  the  load  with 
safety.  For  small  structures  and  for  small  piers  sustaining  light 
loads,  the  Commissioner  of  Buildings  having  jurisdiction  may,  in  his 
discretion,  allow  a  reduction  in  the  thickness  and  projection  for  foot- 
ing or  base  courses  herein  specified.  All  base  stones  shall  be  well 
bedded  and  laid  crosswise,  edge  to  edge. 

If  stepped-up  footing  of  brick  are  use  in  place  of  stone,  above  the 
concrete,  the  offsets,  if  laid  in  single  courses,  shall  each  not  exceed 
one  and  one-half  inches,  or  if  laid  in  double  courses,  then  each  shall 
not  exceed  3  inches,  offsetting  the  first  course  of  brickwork,  back 
one-half  the  thickness  of  the  concrete  base,  so  as  to  properly  dis- 
tribute the  load  to  be  imposed  thereon. 

If.  in  place  of  a  continuous  foundation  wall,  isolated  piers  are  to 


164        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


be  built  to  support  the  superstructure,  where  the  nature  of  the  ground 
and  the  character  of  the  building  make  it  necessary,  in  the  opinion  of 
the  Commissioner  of  Buildings  having  jurisdiction,  inverted  arches 
resting  on  a  proper  bed  of  concrete,  both  designed  to  transmit  with 
safety  the  superimposed  loads,  shall  be  turned  between  the  piers. 
The  thrust  of  the  outer  piers  shall  be  taken  up  by  suitable  wrought 
iron  or  steel  rods  and  plates. 

Grillage  beams  of  wrought  iron  or  steel  resting  on  a  proper 
concrete  bed  may  be  used.  Such  beams  must  be  provided  with  sep- 
arators and  bolts  inclosed  and  Idled  solid  between  with  concrete, 
and  of  such  sizes  and  so  arranged  as  to  transmit  with  safety  the 
superimposed  loads. 

All  stone  walls  24  inches  or  less  in  thickness  shall  have  at  least 
one  header  extending  through  the  wall  in  every  3  feet  in  height  from 
the  bottom  of  the  wall,  and  in  every  3  feet  in  length,  and  if  over  24 
inches  in  thickness,  shall  have  one  header  for  every  6  superficial  feet 
•on  both  sides  of  the  wall,  laid  on  top  of  each  other  to  bond  together, 
and  running  into  the  wall  at  least  2  feet. 

All  headers  shall  be  at  least  12  inches  in  width  and  8  inches  in 
thickness,  and  consist  of  good  flat  stones. 

No  stone  shall  be  laid  in  such  walls  in  any  other  position  than 
on  its  natural  bed. 

No  stone  shall  be  used  that  does  not  bond  or  extend  into  the 
wall  at  least  G  inches.  Stones  shall  be  (irmly  bedded  in  cement 
mortar  and  all  spaces  and  joints  thoroughly  Riled. 

Part  6 — Walls,  Piers  and  Partitions. 

Sec.  27.  Materials  of  Wails — The  walls  of  all  buildings,  other 
than  frame  or  wooden  buildings,  shall  be  constructed  of  stone,  brick, 
Portland  cement  concrete,  iron,  steel  or  other  hard,  incombustible 
material  and  the  several  component  parts  of  such  buildings  shall  be 
as  herein  provided.  All  buildings  shall  be  inclosed  on  all  sides  with 
independent  or  party  walls- 

Sec.  28.  Walls  and  Piers — In  all  walls  of  the  thickness  specified 
in  this  Code,  the  same  amount  of  materials  may  be  used  in  piers  and 
buttresses.  Hearing  walls  shall  be  taken  to  mean  those  walls  on 
which  the  beams,  girders  or  trusses  rest.  If  any  horizontal  section 
through  any  part  of  any  bearing  wall  in  any  building  shows  more 
than  30  per  centum  area  of  flues  and  openings,  the  said  wall  shall  be 
increased  four  inches  in  thickness  for  every  15  per  centum,  or  frac- 
tion thereof,  of  flue  or  opening  area  in  excess  of  30  per  centum. 

The  walls  and  piers  of  all  buildings  shall  be  properly  and  solidly 
bonded  together  with  close  Joints  filled  with  mortar.  They  shall  be 
built  to  a  line  and  be  carried  up  plumb  and  straight.    The  walls  of 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  165 


each  story  shall  be  built  up  the  full  thickness  to  the  top  of  the  beams 
above.  All  brick  laid  in  non-freezing  weather  shall  be  well  wet  be- 
fore being  laid.  Walls  or  piers,  or  parts  of  walls  and  piers,  shall 
not  be  built  in  freezing  weather,  and  if  frozen,  shall  not  be  built  upon. 

All  piers  shall  be  built  of  stone  or  good,  hard,  well-burnt  brick, 
laid  in  cement  mortar.  Every  pier  of  brick,  containing  less  than  9 
superficial  feet  at  the  base,  supporting  any  beam,  girder,  arch  or 
column  on  which  a  wall  rests,  or  lintel  spanning  an  opening  over  ten 
feet  and  supporting  a  wall,  shall  at  intervals  of  not  over  30  inches 
apart  in  height  have  built  into  it  a  bond  stones  may  conform  with 
the  kind  of  stone  used  for  the  trimmings  of  strength,  and  the  full 
size  of  the  piers.  For  piers  fronting  on  a  street  the  bond  stones 
may  conform  with  the  kind  of  stone  used  for  the  trimmings  of  the 
front.  Cap  stones  of  cut  granite  or  blue  stone,  proportioned  to  the 
weight  to  be  carried,  but  not  less  than  5  inches  in  thickness,  by  the 
full  size  of  the  pier,  or  cast-iron  plates  of  equal  strength  by  the  full 
size  of  the  pier,  shall  be  set  under  all  columns  or  girders,  except 
where  a  4-inch  bond  stone  is  placed  immediately  below  said  cap 
stone,  in  which  case  the  cap  stone  may  be  reduced  in  horizontal  di- 
mensions at  the  discretion  of  the  Commissioner  of  Buildings  having 
jurisdiction.  Isolated  brick  piers  shall  not  exceed  in  height  ten 
times  their  least  dimensions.  Stone  posts  for  the  support  of  posts 
or  columns  above  shall  not  be  used  in  the  interior  of  any  building. 
Where  walls  or  piers  are  built  of  coursed  stones,  with  dressed  level 
beds  and  vertical  joints,  the  Department  of  Buildings  shall  have  the 
right  to  allow  such  walls  or  piers  to  be  built  of  a  less  thickness  than 
specified  for  brickwork,  but  in  no  case  shall  said  walls  or  piers  be 
less  than  three-quarters  of  the  thickness  provided  for  brickwork. 

In  all  brick  walls  every  sixth  course  shall  be  a  headlong  course, 
except  where  walls  are  faced  with  brick  in  running  bond,  in  which 
latter  case  every  sixth  course  shall  be  bonded  into  the  backing  by 
cutting  the  course  of  the  face  brick  and  putting  in  diagonal  headers 
behind  the  same,  or  by  splitting  the  face  brick  in  half  and  backing 
the  same  with  a  continuous  row  of  headers.  Where  face  brick  is 
used  of  different  thickness  from  the  brick  used  for  backing,  the 
courses  of  the  exterior  and  interior  brickwork  shall  be  brought  to  a 
level  bed  at  intervals  of  not  more  than  ten  courses  in  height  of  the 
face  brick.  All  bearing  walls  faced  with  brick  laid  in  running  bond 
shall  be  4  inches  thicker  than  the  walls  are  required  to  be  under  any 
section  of  this  Code. 

Sec-  29.  Ashlar — Stone  used  for  the  facing  of  any  building,  and 
known  as  ashlar,  shall  not  lie  less  than  4  inches  thick. 

Stone  ashlar  shall  be  anchored  to  the  barking  and  the  backing 
shall  be  of  such  thickness  as  to  make  the  walls,  independent  of  the 


j66        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


ashlar,  conform  as  to  the  thickness  with  the  requirements  of  sections 
31  and  32  of  this  Code,  unless  the  ashlar  be  at  least  8  inches  thick 
and  bonded  into  the  backing,  and  then  it  may  be  counted  as  part  of 
the  thickness  of  the  wall. 

Iron  ashlar  plates  used  in  imitation  of  stone  ashlar  on  the  face 
of  a  wall  shall  be  backed  up  with  the  same  thickness  of  brickwork 
as  stone  ashlar. 

Sec.  30.  Mortar  for  Walls  and  Ashlar — All  foundation  walls, 
isolated  piers,  parapet  walls  and  chimneys  above,  roofs  shall  be  laid 
in  cement  mortar,  but  this  shall  not  pronibit  the  use,  in  cold  weath- 
er, of  a  small  proportion  of  lime  to  prevent  the  mortar  from  freez- 
ing. All  other  walls  built  of  brick  or  stone  shall  be  laid  in  lime, 
cement,  or  lime  and  cement  mortar  mixed. 

The  backing  up  of  all  stone  ashlar  shall  be  laid  up  with  cement 
mortar,  or  cement  and  lime  mortar  mixed,  but  the  back  of  the  ashlar 
may  be  parged  with  lime  mortar  to  prevent  discoloration  of  the 
stone. 

bee.  31.  Walls  for  Dwelling  Houses — The  expression  "walls 
for  dwelling  houses"  shall  be  taken  to  mean  and  include  in  this  class 
walls  for  the  following  buildings: 

Dwellings,  asylums,  apartment  houses,  convents,  club  houses, 
dormitories,  hospitals,  hotels,  lodging-houses,  tenements,  parish 
buildings,  schools,  laboratories,  studios. 

The  walls  above  the  basement  of  dwelling  houses  not  over  three 
stories  and  basement  in  height,  nor  more  than  10  feet  in  height,  and. 
not  over  20  feet  in  width,  and  not  over  55  feet  in  depth,  shall  have 
side  and  party  walls  not  less  than  8  inches  thick,  and  front  and  rear 
Avails  not  less  than  12  inches  thick.  All  walls  of  dwellings  exceeding 
20  feet  in  width  and  not  exceeding  40  feet  in  height,  shall  be  not  less 
than  12  inches  thick.  All  walls  of  dwellings  23  feet  or  less  in  width 
between  bearing  walls  whieh  are  hereafter  erected  or  which  may  be 
altered  to  be  used  for  dwellings  and  being  over  -10  feet  in  height  and 
not  over  50  feet  in  height,  shall  be  not  less  than  12  inches  thick 
above  the  foundation  wall.  No  wall  shall  be  built  having  a  12-inch 
thick  portion  measuring  vertically  more  than  50  feet.  If  over  50  feet 
ill  height  and  not  over  125  feet  in  height,  the  walls  shall  not  be  less 
than  24  inches  thick  in  the  story  next  above  the  foundation  walls  and 
from  thence  not  less  than  12  inches  to  the  top.  If  over  GO  feet  in 
height  and  not  over  75  feet  in  height,  the  walls  shall  be  not  less  than 
10  inches  thick  above  the  foundation  walls  to  the  height  of  25  feet, 
or  to  the  nearest  tier  of  beams  to  that  height,  and  from  then  not  less 
than  12  inches  thick  to  the  top.  If  over  75  feet  in  height  and  not  oyer 
100  feet  in  height,  the  walls  shall  be  not  less  than  20  inches  thick 
above  the  foundation  walls  to  the  height  of  40  feet,  or  to  the  near- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


est  tier  of  beams  to  that  height,  thence  not  less  than  16  inches  thick 
to  the  height  of  75  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  not  less  than  12  inches  thick  to  the  top.  If  over  100  feet 
in  height  and  not  over  125  feet  in  height,  the  walls  shall  not  be  less 
than  24  inches  thick  above  the  foundation  walls  to  the  height  of  40 
feet  or  to  the  nearest  tier  of  beams  to  that  height,  thence  not  less 
than  20  inches  thick  to  the  height  of  75  feet,  or  to  the  nearest  tier 
of  beams  to  that  height,  thence  not  less  than  16  inches  thick  to  the 
height  of  110  feet,  or  to  the  nearest  tier  of  beams  to  that  height,  and 
thence  not  less  than  12  inches  thick  to  the  top.  If  over  125  feet  in 
height  and  not  over  150  feet  in  height,  the  walls  shall  be  not  less 
than  28  inches  thick  above  the  foundation  walls  to  the  height  of  30 
feet,  or  to  the  nearest  tier  of  beams  to  that  height;  thence  not  less 
than  24  inches  thick  to  the  height  of  65  feet,  or  to  the  nearest  tier  of 
beams  to  that  height;  thence  not  less  than  20  inches  thick  to  the 
height  of  100  feet,  or  to  the  nearest  tier  of  beams  to  that  height, 
thence  not  less  than  16  inches  thick  to  the  height  of  3  35  feet,  or  to 
the  nearest  tier  of  beams  to  that  height,  and  thence  not  less  than  12 
inches  thick  to  the  top.  If  over  150  feet  in  height,  each  additional 
30  feet  in  height  or  part  thereof,  next  to  the  foundation  walls,  shall 
be  increased  4  inches  in  thickness,  the  upper  150  feet  of  wall  re- 
maining the  same  as  specified  for  a  wall  of  that  height- 
All  non-fireproof  dwelling  houses  erected  under  this  section,  ex- 
ceeding 26  feet  in  width,  shall  have  brick  fore-and-aft  partition  walls. 
All  non-bearing  walls  of  buildings  hereinbefore  in  this  section  speci- 
fied may  be  4  inches  less  in  thickness,  provided,  however,  that  none 
are  less  than  12  inches  thick,  except  as  in  this  Code  specified.  Eight- 
inch  partition  walls  may  be  built  to  support  the  beams  in  such 
buildings  in  which  the  distance  between  the  main  or  bearing  walls 
is  not  over  33  feet;  if  the  distance  between  the  main  or  bearing  walls 
is  over  33  feet  the  brick  partition  wall  shall  not  be  less  than  12 
inches  thick;  provided,  that  no  clear  span  is  over  26  feet.  No  wall 
shall  be  built  having  any  one  thickness  "measuring  vertically  more 
than  50  feet.  This  section  shall  not  be  construed  to  prevent  the  use 
of  iron  or  steel  girders,  or  iron  or  steel  girders  and  columns,  or  piers 
of  masonry,  for  the  support  of  the  walls  and  ceilings  over  any  room 
which  has  a  clear  span  of  more  than  26  feet  between  walls,  in  such 
dwellings  as  are  not  considered  fireproof,  nor  to  exhibit  the  use  of 
iron  or  steel  girders,  or  iron  or  steel  girders  and  columns  in  place  of 
brick  walls  in  buildings  which  are  to  be  used  for  dwellings  when 
constructed  fireproof.  If  the  clear  span  is  to'  be  over  2(>  feet,  then 
the  bearing  walls  shall  be  increased  4  inches  in  thickness  for  every 
12x/2  feet  or  part  thereof  that  said  span  is  over  2(5  feet,  or  shall  have, 
instead  of  increased  thickness.,   such  piers  or  buttresses  as.  in  the 


168        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


judgment  of  the  Commissioner  of  Buildings  having  jurisdiction,  may 
be  necessary. 

Whenever  two  or  more  dwelling  houses  shall  be  constructed 
not  over  12  feet  6  inches  in  width,  and  not  over  50  feet  in  height,  the 
alternating  centre  wall  between  any  two  such  houses  shall  be  of 
brick,  not  less  than  8  inches  thick  above  the  foundation  wall,  and  the 
ends  of  the  floor  beams  shall  be  so  separated  that  4  inches  of  brick- 
work will  be  between  the  beams  where  they  rest  on  the  said  centre 
wail. 

Sec.  32.  Walls  for  Warehouses — The  expression  "walls  for 
warehouses"  shall  be  taken  to-  mean  and  include  in  this  class  walls 
for  the  following  buildings: 

Warehouses,  stores,  factories,  mills,  printing-houses,  pumping 
stations,  refrigerating  houses,  slaughter-houses,  wheelwright  shops, 
cooperage  shops,  breweries,  light  and  power  houses,  sugar  refineries, 
office  buildings,  stables,  markets,  railroad  buildings,  jails,  police  sta- 
tions, court  houses,  observatories,  foundries,  machine  shops,  public 
assembly  buildings,  armories,  churches,  theatres,  libraries,  museums. 
The  walls  of  all  warehouses,  25  feet  or  less  in  width  between  walls 
or  bearings,  shall  not  be  less  than  12  inches  thick  to  the  height  of 
40  feet  above  the  foundation  walls.  It  over  40  feet  in  height,  and 
not  over  60  feet  in  height,  the  walls  shall  not  be  less  than  J 6  inches 
thick  above  the  foundation  walls  to  the  height  of  40  feet,  or  to  the 
nearest  tier  of  beams  to  that  height,  and  thence  not  less  than  12 
inches  thick  to  the  top.  If  over  60  feet  in  height,  and  not  over  75 
feet  in  height,  the  walls  shall  not  be  less  than  20  inches  thick  above 
the  foundation  walls  to  the  height  of  25  feet,  or  to  the  nearest  tier 
of  beams  to  that  height,  and  thence  not  less  than  L6  inches  thick  to 
the  top.  If  over  75  feet  in  height,  and  not  over  100  feet  in  height, 
the  walls  shall  not  be  less  than  24  inches  thick  above  the  foundation 
walls  to  the  height  of  40  feet,  or  to  the  nearest  tier  of  beams  to  that 
height;  thence  not  less  than  20  inches  thick  to  the  height  of  75 
feet  c  to  the  nearest  tier  of  beams  to  that  height,  and  thence  not 
less  than  16  inches  thick  to  the  top.  It  over  100  feet  in  height,  and 
nut  over  L25  feet  in  height,  the  walls  shall  be  not  less  than  28  inches 
thick  above  the  foundation  walls  to  the  height  of  40  feet,  or  to  the 
ncaicsi  tier  of  beams  to  that  height;  thence  not  less  than  24  inches 
thick  to  the  height  of  75  feet,  or  to  the  nearest  tier  of  beams  to  that 
height;  thence  not  less  than  20  inches  thick  to  the  height  of  110  feet, 
or  to  the  nearest  tier  of  beams  to  that  height,  and  thence  not  less 
than  16  inches  thick  to  the  top.  If  over  125  feet  in  height,  and  not 
oyer  j."0  feet,  the  walls  shall  not  be  less  than  :J2  inches  thick  above 
the  foundation  walls  to  the  height  of  30  feet,  or  to  the  nearest  tier 
of  beams  to  that  height;  thence  not  less  than  28  inches  thick  to  the 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


169 


height  of  65  feet,  or  to  the  nearest  tier  of  beams  to  that  height;  thence 
not  less  than  24  inches  thick  to  the  height  of  100  feet,  or  to  t'he  near- 
est tier  of  beams  to  that  height;  thence  not  less  than  20  inches  thick 
to  that  height  of  135  feet,  or  to  the  nearest  tier  of  beams  to  that 
height;  and  thence  not  less  than  16  inches  thick  to  the  top.  If  over 
150  feet  in  height,  each  additional  25  feet  in  height,  or  part  thereof 
next  above  the  foundation  walls  shall  be  increased  4  inches  in  thick- 
ness, the  upper  150  feet  of  wall  remaining  the  same  as  specified  for  a 
wall  of  that  height. 

If  there  is  to  be  a  clear  span  of  over  25  feet  between  the  bearing 
walls,  such  walls  shall  be  4  inches  more  in  thickness  than  in  this  sec- 
tion specified,  for  every  i2l/2  feet,  or  fraction  thereof,  that  said  walls 
are  more  than  25  feet  apart,  or  shall  have  instead  of  the  increased 
thickness  such  piers  or  buttresses  as,  in  the  judgment  of  the  Commis- 
sioner of  Buildings,  may  be  necessary. 

The  walls  of  building  of  a  public  character  shall  not  be  less  than  in 
this  Code  specified  for  warehouses  with  such  piers  or  such  buttresses, 
or  supplemental  columns  of  iron  or  steel,  as,  in  the  judgment  of  the 
Commissioner  of  Buildings  having  jurisdiction,  may  be  necessary  to 
make  a  safe  and  substantial  building. 

In  all  stores,  warehouses  and  factories  over  25  feet  in  width  between 
walls  there  shall  be  brick  partition  walls,  or  girders  supported  on  iron, 
steel  or  wood  columns,  or  piers  of  masonry. 

In  all  stores,  warehouses  and  factories,  in  case  iron,  steel  or  wood 
girders,  supported  by  iron,  steel  or  wood  columns  or  piers  or  masonry, 
are  used  in  place  of  brick  partition  walls,  the  building  may  be  75  feiet 
wide  and  210  feet  deep,  when  extending  from  street  to  street,  or  when 
otherwise  located  may  cover  an  area  of  not  more  than  8,000  superficial 
feet.  When  a  building  fronts  on  three  streets  it  may  be  105  feet  wide 
and  210  feet  deep,  or  if  a  corner  building  fronting  on  two  streets  it 
may  cover  an  area  of  not  more  than  12,500  superficial  feet;  but  in  no 
case  wider  nor,  deeper,  nor  to  cover  a  greater  area,  except  in  the  case 
oi  fireproof  buildings.  An  area  greater  than  herein  stated  may,  con- 
sidering location  and  purpose,  be  allowed  by  the  Board  of  Buildings 
when  the  proposed  building  does  not  exceed  3  stories  in  height. 

Sec.  33.  Increased  Thickness  of  Walls  for  Buildings  More  Than 
105  Feet  in  Depth — All  buildings,  not  excepting  dwellings,  that  are 
over  105  feet  in  depth,  without  a  cross-wall  or  proper  piers  or  but- 
tresses, shall  have  the  side  or  bearing  walls  increased  in  thickness  4 
inches  more  than  is  specified  in  the  respective  sections  of  this  Code 
for  the  thickness  of  walls  for  every  105  feet,  or  part  thereof,  that  the 
said  dwellings  are  over  105  feet  in  depth. 

Sec.  34.  Reduced  Thickness  for  Interior  Walls — In  case  the  walls 
of  any  building  are  less  than  25  feet  apart,  and  less  than  40  feet  in 


i;o        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


depth,  or  there  are  cross-walls  which  intersect  the  walls,  not  more 
than  40  feet  distant,  or  piers  or  buttresses  built' into  walls,  the  interior 
Avails  may  be  reduced  in  thickness  in  just  proportion  to  the  number  of 
cross-walls,  piers  or  buttresses,  and  their  nearness  to  each  other:  pro- 
vided, however,  that  this  clause  shall  not  apply  to  walls  below  60  feet 
in  height,  and  that  no  such  wall  shall  be  less  than  12  finches  thick  at 
the  top,  and  gradually  increased  in  thickness  by  setoffs  to  the  bottom. 
The  Commissioner  of  Buildings  having  jurisdiction  is  hereby  author- 
ized and  empowered  to  decide  (except  where  herein  otherwise  pro- 
vided for)  how  much  the  walls  herein  mentioned  may  be  permitted  to 
be  reduced  in  thickness,  according  to  the  peculiar  circumstances  of 
each  case,  without  endangering  the  strength  and  safety  of  the  building. 

Sec.  35.  One-story  Brick  Buildings — One-story  structures  not  ex- 
ceeding a  height  of  15  feet  may  be  built  with  8-inch  walls  when  the 
bearing  w^alls  are  not  more  than  19  feet  apart,  and  the  length  of  the  8- 
inch  bearing  walls  does  not  exceed  55  feet.  One-story  and  basement 
extensions  may  be  built  with  8-inch  walls  when  not  over  20  feet  wide. 
20  ieet  deep  and  20  feet  high  to  dwellings. 

Sec.  36.  Inclosure  Walls  for  Skeleton  Structures — Walls  of  brick 
built  in  between  iron  or  steel  columns,  and  supported  wholly  or  in  part 
on  iron  or  steel  girders,  shall  not  be  less  than  12  inches  thick  for  75 
feet  of  the  uppermost  height  thereof,  or  to  the  nearest  tier  of  beams 
to  that  measurement,  in  any  building  so  constructed,  and  every  lower 
section  of  60  feet,  or  to  the  nearest  tier  of  beams  to  such  vertical  meas- 
urement, or  part  thereof,  shall  have  a  thickness  of  4  inches  more  than 
is  required  for  the 'section  next  above  it  down  to  the  tier  of  beams 
nearest  to  the  curb  level;  and  thence  downward,  the  thickness  of  walls 
shall  increase  in  the  ratio  prescribed  in  section  26,  this  Code. 

Sec.  37.  Curtain  Walls  built  in  between  piers  of  iron  or  steel  col- 
umns and  not  supported  on  steel  or  iron  girders,  shall  be  not  less  than 
twelve  inches  thick  for  sixty  feet  of  the  uppermost  height  thereof,  or 
nearest  tier  of  beams  to  that  height,  and  increased  four  inches  for 
every  additional  section  of  sixty  feet  or  nearest  tier  of*beams  to  that 
height. 

Sec.  38.  Existing  Party  Walls — Walls  heretofore  built  for  or  used 
as  party  walls,  whose  thickness  at  the  time  of  their  erection  was  in 
accordance  with  the  requirements  of  the  then  existing  laws,  but  which 
are  not  in  accordance  with  the  requirements  of  this  Code,  ma'y  be 
used,  if  in  good  condition,  for  the  ordinary  uses  of  party  walls,  pro- 
vided the  height  of  the  same  be  not  increased. 

Sec.  39.  Lining  Existing  Walls — In  case  it  is  desired  to  increase 
the  height  of  existing  party  or  independent  walls,  which  are  less  in 
thickness  than  required  under  this  Code,  the  same  shall  be  done  by  a 
lining  of  brickwork  to  form  a  Combined  thickness  with  the  old  wall  of 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


not  less  than  4  inches  more  than  the  thickness  required  for  a  new  wall 
corresponding  with  the  total  height  of  the  wall  when  so  increased  -in 
height.  The  said  linings  shall  be  supported  on  proper  foundations 
and  carried  up  to  such  height  as  the  Commissioner  of  Buildings  hav- 
ing jurisdiction  may  require.  No  lining  shall  be  less  than  eight 
inches  in  thickness,  and  all  lining  shall  be  laid  up  in  cement  mortar 
and  thoroughly  anchored  to  the  old  brick  walls  with  suitable  wrought- 
iron  anchors,  placed  two  feet  apart  and  properly  fastened  or  driven 
into  the  old  walls  in  rows  alternating  vertically  and  horizontally  with 
«ach  other,  the  old  walls  being  first  cleaned  of  plaster  or  other  coat- 
ings where  any  lining  is  to  be  built  against  the  same.  No  rubble  wall 
shall  be  lined  except  after  inspection  and  approval  by  the  Department. 

Sec.  40.  Walls  of  Unfinished  Buildings — Any  building,  the  erection 
of  which  was  commenced  in  accordance  with  specifications  and  plans 
submitted  to  and  approved  by  the  Department  of  Buildings  prior  to 
the  passage  of  this  Code,  if  properly  constructed  and  in  safe  condition., 
may  be  completed  or  built  upon  in  accordance  with  the  requirements 
of  law.  as  to  thickness  of  walls,  in  force  at  the  time  when  such  spe- 
cifications and  plans  were  approved. 

Sec.  41.  Walls  Tied,  Anchored  and  Braced — In  no  case  shall  any 
wall  or  walls  of  any  building  be  carried  up  more  than  two  stories  in 
advance  of  any  other  wall,  except  by  permission  of  the  Commissioner 
of  Buildings  having  jurisdiction,  but  this  prohibition  shall  not  include 
the  inclosure  walls  for  skeleton  buildings.  The  front,  rear,  side  and 
partv  walls  shall  be  properly  bonded  together,  or  anchored  to  each 
other  every  six  feet  in  their  height  by  wrought-iron  tie  anchors,  not 
less  than  one  and  a  half  inches  by  three-eighths  of  an  inch  in  size, 
-and  not  less  than  twenty-four  inches  in  length.  The  side  anchors 
shall  be  built  into  the  side  or  part}'  walls  not  less  than  sixteen  inches, 
and  into  the  front  and  rear  walls,  so  as  to  secure  the  front  and  rear 
w-alls  to  the  side  or  party  walls  when  not  built  or  bonded  together. 
All  exterior  piers  shall  be  anchored  to  the  beams  or  girders  on  the 
level  of  each  tier.  The  walls  and  beams  of  every  building,  during  the 
■erection  or  alteration  thereof,  shall  be  strongly  braced  from  the  beams 
of  each  story,  and,  when  required,  shall  also  be  braced  from  the  out- 
side until  the  building  is  inclosed.  The  roof  tier  of  wood  beam-^  snail! 
be  safely  anchored  with  plank  or  joist  to  the  beams  of  the  story  below 
until  the  building  is  inclosed. 

Sec.  42.  Arches  and  Lintels — Openings  for  doors  and  windows  in 
all  buildings  shall  have  good  and  sufficient  arches  of  stone,  brick  or 
terra-cotta,  well  built  and  keyed  with  good  and  sufficient  abutments 
or  lintels  of  stone,  iron  or  steel  of  sufficient  strength,  which  shall  have 
a  bearing  at  each  end  of  not  less  than  five  inches  on  the  wall.  On  the 
inside  of  all  openings  in  which  lintels  shall  be  less  than  the  thickness 


j  7  ->        QRDIN A  N C  K S  O  F  T 1 1  K  C 1 T V  O F  N  K W  Y O R K . 


of  the  wall  to  be  supported,  there  sliall  he  timber  lintels  which  shall 
r^st  at  each  end  not  more  than  three  inches  on  any  wall,  which  shall 
be  chamfered  at  each  end,  and  shall  have  a  suitable  arch  turned  over 
the  timber  lintel.  Or  the  inside  lintel  may  be  of  cast  iron  or  wrought 
iron  or  steel,  and  in  such  case  stone  blocks  or  cast-iron  plates  shall 
not  be  required  at  the  ends  where  the  lintels  rests  on  the  walls;  pro- 
vided the  opening  is  not  more  than  six  feet  in  width. 

All  masonry  arches  shall  be  capable  of  sustaining  the  weight  and 
pressure  which  they  are  designed  to  carry,  and  the  stress  at  any  point 
shall  not  exceed  the  working  stress  for  the  material  used,  as  given 
in  Section  139  of  this  Code.  Tie  rods  shall  be  used  where  necessary 
to  secure  stability. 

Sec.  43.  Parapet  "Walls — All  exterior  and  division  or  party  walls 
over  fifteen  feet  high,  excepting  where  such  walls  are  to  be  finished 
with  cornices,  gutters  or  crown  mouldings,  shall  have  parapet  walls 
not  less  than  eight  inches  in  thickness  and  carried  two  feet  above  the 
roof,  but  for  warehouses,  factories,  stores  and  other  buildings  used 
for  commercial  or  manufacturing  purposes,  the  parapet  walls  shall  be 
not  less  than  twelve  inches  in  thickness  and  carried  three  feet  above 
the  roof,  and  all  such  walls  shall  be  coped  with  stone,  terra-cotta  or 
cast  iron. 

Sec.  44.  Hollow  Walls — In  all  walls  that  are  built  hollow  the  same 
quantity  of  stone,  brick  or  concrete  shall  be  used  in  their  construction 
as  if  they  were  built  solid  as  in  this  Code  provided,  and  no  hollow 
wall  shall  be  built  unless  the  parts  of  same  are  connected  by  proper 
ties,  either  of  brick,  stone  or  iron,  placed  not  over  twenty-four  inches 
apart. 

Sec.  45.  Hollow  Bricks  on  Inside  of  Walls — The  inside  four  inches 
of  all  walls  may  be  built  of  hard-burnt  hollow  brick,  properly  tied  and 
bonded  into  the  walls  and  of  the  dimensions  of  ordinary  bricks. 
Where  hollow  tile  or  porous  terra-cotta  blocks  arc  used  as  lining  or 
furring  for  walls,  they  shall  not  be  included  in  the  measurement  of 
the  thickness  of  such  walls. 

Sec.  46.  Recesses  and  Chases  in  Walls — Recesses  for  stairways  or 
elevators  may  be  left  in  the  foundation  or  cellar  walls  of  all  buildings, 
but  in  no  case  shall  the  walls  be  of  less  thickness  than  the  walls  of 
the  fourth  story,  unless  reinforced  by  additional  piers  with  iron  or 
steel  girders  or  iron  or  steel  columns  and  girders,  securely  anchored 
to  walls  on  each  side.  Recesses  for  alvoces,  and  similar  purposes  shall 
have  not  less  than  8  inches  of  brickwork  at  the  back  ot  such  recesses, 
and  such  recesses  shall  be  not  more  than  8  feet  in  width,  and  shall  be 
arched  over  or  spanned  with  iron  or  steel  lintels,  and  not  carried  up 
higher  than  18  inches  below  the  bottom  of  the  beams  of  the  floor  next 
above.    No  chase  for  water  or  other  pipes  shall  be  made  in  any  pier, 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


and  in  no  wall  more  than  one-third  of  its  thickness.  The  chases 
around  said  pipe  or  pipes  shall  be  filled  up  with  solid  masonry  for  the 
space  of  I  foot  at  the  top  and  bottom  of  each  story.  No  horizontal 
recess  or  chase  in  any  wall  shall  be  allowed  exceeding  4  feet  in 
length  without  permission  of  the  Commissioner  of  Buildings  having 
jurisdiction.  The  aggregate  area  of  recesses  and  chases  in  any  wall 
shall  not  exceed  one-fourth  of  the  whole  area  of  the  face  of  the  wall 
on  any  story,  nor  shall  any  such  recess  be  made  within  a  distance  of 
6  feet  from  any  other  recess  in  the  same  wall. 

Sec.  47.  Furred  Walls — In  all  walls  furred  with  wood,  the  brick- 
work between  the  ends  of  wood  beams  shall  project  the  thickness  of 
the  furring  beyond  the  inner  face  of  the  wall  for  the  full  depth  of  the 
beams. 

Sec.  48.  Light  and  Vent  Shafts — In  ever}-  building  hereafter  erected 
or  altered,  all  the  walls  or  partitions  forming  interior  light  or  vent 
shafts  shall  be  built  of  brick  or  such  other  fireproof  materials  as  may 
be  approved  by  the  Commissioner  of  Buildings  having  jurisdiction. 
The  walls  of  all  light  or  vent  shafts,  whether  exterior  or  interior, 
hereafter  erected,  shall  be  carried  up  not  less  than  3  fetH  above  the 
level  of  the  roof,  and  the  brick  walls  coped  as  other  parapet  walls. 
Vent  shafts*  to  light  interior  bathrooms  in  private  dwellings  may  be 
built  of  wood  filled  in  solidly  with  brick  or  hard-burnt  clay  blocks, 
when  extending  through  not  more  than  one  story  in  height,  and  car- 
ried not  less  than  2  feet  above  the  roof,  covered  with  a  ventilating 
skylight  of  metal  and  glass. 

Sec.  49.  Brick  and  Hollow  Tile  Partitions — Eight-inch  brick  and 
six-inch  and  four-inch  hollow  tile  partitions  of  hard-burnt  clay  or 
porous  terra-cotta  may  be  built,  not  exceeding  in  their  vertical  por- 
tions a  measurement  of  50,  36  and  24  feet,  respectively,  and  in  their 
horizontal  measurement  a  length  not  exceeding  75  feet,  unless 
strengthened  by  proper  crosswalls.  piers  or  buttresses,  or  boiit  in  if  n 
or  steel  framework.  All  such  partitions  shall  be  carried  on  pr<  per 
foundations,  or  on  iron  or  steel  girders,  or  on  iron  or  steel  girders 
and  columns  or  piers  of  masonry. 

Sec.  50.  Cellar  Partitions  in  Residence  Buildings — One  line  of  fore- 
and-aft  partitions  in  the  cellar  or  lowest  story,  supporting  stud  parti- 
tions above,  in  all  residence  buildings  over  20  feet  between  bearing 
walls  in  the  cellar  or  lowest  story,  hereafter  erected,  shall  be  con- 
structed of  brick,  not  less  than  8  inches  thick,  or  piers  of  brick  with 
openings  arched  over  below  the  under  side  of  the  first  tier  of  beams, 
or  girders  of  iron  or  steel  and  iron  columns,  or  piers  of  masonry,  may 
be  used;  or  if  iron  or  steel  floor  beams  spanning  the  distance  between 
bearing  walls  are  used,  ot  adequate  strength  to  support  the  stud  parti- 
tions above  in  addition  to  the  rioor  load  to  be  sustained  by  the  said 


174        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


iron  or  steel  beams,  then  the  fore-and-aft  brick  partition,  or  its  equiv- 
alent, may  be  omitted. 

Stud  partitions,  which  may  be  placed  in  the  cellar  or  lowest  Stoty 
of  an}'  building,  shall  have  good,  solid,  stone  or  brick  foundation 
walls  under  the  same,  which  shall  he  built  up  to  the  top  of  the  floor 
beams  or  sleeper-,  and  the  sills  of  said  partitions  shall  be  of  locust 
or  other  suitable  hard  wood;  but  if  the  walls  are  built  live  inches 
higher  of  brick  than  the  top  of  the  floor  beams  or  sleepers,  any  wood- 
en sill  may  be  used  on  which  the  studs  shall  be  set. 

Sec.  51-  Main  Stud  Partitions— In  residence  buildings,  where 
fore-and-aft  stud  partitions  rest  directly  over  each  other,  they  shall 
run  down  between  the  wood  floor  beams  and  rest  cm  the  top  plate  of 
the  partition  below,  and  shall  have  the  studding  filled  in  solid  between 
the  uprights  to  the  depth  of  the  floor  beams  with  suitable  incombusti- 
ble materials. 

Sec.  52.  Timber  in  Walls  Prohibited — Xo  timber  shall-  be  used 
in  any  wall  of  any  building  where  stone,  brick  or  iron  is  commonly 
used,  except  inside  lintels,  as  herein  provided,  and  brace  blocks,  not 
more  than  8- inches  in  length. 

Part  7 — Apartment  Houses,  Tenement  Houses  and  Dwellings  of  Cer- 
tain Heights, 

Sec.  58.  Apartment  Houses,  Tenement  Houses  and  Dwellings  of 
Certain  Heights — Every  non-fireproof  building  hereafter  erected  or 
altered  for  an  apartment  house  or  tenement  house,  five  stories  in 
height,  or  having  a  basement  and  four  stories  in  height  above  a 
cellar,  to  be  occupied  by  one  or  more  families  on  any  floor  above  the 
first  shall  have  the  first  floor  above  the  cellar  or  lowest  story  con- 
structed fireproof  in  such  manner  as  required  in  section  10G  of  this 
Code.  When  any  such  non-fireproof  building  exceeding  live  stories 
in  height  or  having  a  basement  and  five  stories  in  height  above  a  cel- 
lar has  a  store  on  the  first  story,  the  entire  second  story  floor  shall 
also  be  constructed  fireproof.  Xo  non-fireproof  apartment,,  house, 
tenement  house  or  dwelling  house  shall  be  hereafter  erected  more 
than  six  stories  in  height,  nor  exceed  a  height  of  75  feet,  unless  such 
building  has  both  the  first  and  second  floors  constructed  fireproof, 
and  then  the  height  shall  be  not  more  than  seven  stories  nor  exceed 
85  feet  in  height.  Fireproof  apartment  houses  or  tenement  houses,  if 
constructed  entirely  in  accordance  with  the  requirements  of  section 
105  of  this  Code,  for  fireproof  construction  may  be  erected  to  a 
height  not  to  exceed  150  feet,  but  not  more  than  twelve  stories  in 
height  upon  all  streets  and  avenues  exceeding  79  feet  in  width,  and 
125  feet,  but  net  more  than  ten  stories  in  height  upon  all  streets  and 
avenues  not  exceeding  70  feet  in  width,  but  any  such  building,  when 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


175 


exceeding  100  feet  in  height,  shall  be  not  less  than  -JO  feet  in  width. 
If  any  such  building  shall  have  a  frontage  exceeding  40  feet  and  ex- 
ceeds 85  feet  in  height,  it  shall  have  at  least  two  separate  fir ep foot 
stairways  accessible  from  each  apartment,  leading  from  ihe  ground 
floor  to  the  roof,  one  of  which  shall  be  remote  from  elevator  shafts. 

The  stairs  from  the  cellar  or  lowest  story  to  the  fireproof  floor 
next  above,  when  placed  within  any  such  building,  shall  be  located, 
when  practicable,  to  the  rear  of  the  staircase  leading  from  the  first 
story  to  the  upper  stories  and  be  enclosed  with  brick  or  stone  walls, 
and  such  stairway  shall  be  provided  with  self-closing  fireproof  doors 
at  the  top  and  bottom  of  said  flight  of  stairs.  When  such  stairway  is 
placed  underneath  the  first  story  staircase,  it  shall  be  constructed  fire-- 
proof  and  be  roofed  over  with  fireproof  material,  and  be  also  inclosed 
with  brick  walls,  with  self-closing  fireproof  doors  at  the  top  and  bot- 
tom of  said  flight  of  stairs. 

When  the  stairs  from  the  first  story  to  the  cellar  or  lowest  story 
are  located  in  an  open  side  court  the  door  leading  thereto  from  the 
first  story  may  be  placed  underneath  the  staircase  in  the  first  story, 
and  the  strings  and  railings  of  such  outside  stairs  shall  be  of  iron,  and 
if  the  stairs  be  inclosed  from  the  weather  incombustible  material  only 
shall  be  used  for  that  purpose.  No  closet  shall  be  constructed  under- 
neath the  first  story  staircase,  but  the  space  thereunder  shall  be  left 
entirely  open  and  kept  free  from  incumbrance,  but  this  shall  not  pro- 
hibit the  .inclosing  without  openings  of  the  under  portions  of  the 
staircase  from  the  foot  of  the  same  to  a  point  where  the  height  from 
the  floor  line  to  the  soffitt  of  the  staircase  shall  not  exceed  5  feet. 

All  non-fireproof  apartment  houses  and  tenement  houses  exceed- 
ing five  stories  in  height,  or  having  a  basement  and  five  stories  in 
height  above  a  cellar,  shall  be  constructed  as  in  this  section  before 
described,  and  shall  also  have  the  halls  and  stairs  inclosed  with 
twelv-inch  brick  walls.  Eight-inch  brick  walls  not  exceeding  50  feet 
in  their  vertical  measurement  may  inclose  said  walls  and  sfairs,  and 
be  used  as  bearing  walls  where  the  distance  between  the  outside 
bearing  walls  does  not  exceed  ?>?>  feet,  and  the  area  between  the  said 
brick  inclosure  walls  does  not  exceed  180  superficial  feet.  The 
floors,  stairs  and  ceilings  in  said  halls  and  stairways  shall  be  marie 
of  iron,  steel,  brick,  stone,  tile,  cement  or  other  hard  incombustib!e 
materials,  excepting  that  the  flooring  and  sleepers  underneath  the 
same  may  be  of  wood  and  the  handrails  of  the  stairs  may  be  of  hard 
wood,  and  the  treads  may  be  of  oak  not  less  than  1  5-8  inches  in 
thickness,  provided  that  where  such  wooden  treads  are  used  the 
under  side  of  the  stairs  shall  be  entirely  lathed  with  iron  or  wire 
lath,  and  plastered  thereon,  <  r  covered  with  metal.  At  least  one 
flight  of  such  stairs  in  each  of  >aid  buildings  shall  extend  to  the  roof, 


176 


ORDINANCES  OE  THE  CITY  OF  M'.W  YORK. 


and  l>c  inclosed  in  a  bulkhead  1)nilt  of  fireproof  materials.  The  said 
halls  and  stairways  shall  have  a  connecting  fireproof  hallway  inelo>ed 
with  suitable  walls  of  brick  or  such  other  fireproof  materials,  includ- 
ing the  ceiling  in  all  cases,  as  may  be  approved,  by  the  Commission- 
er of  Buildings  having  jurisdiction,  in  the  first  story  and  extend  to 
the  street. 

Part  8 — Vaults,  Areas  and  Cellars. 

Sec.  54.  Cellars  to  Be  Connected  with  Sewers. — Before  the  walls 
of  buildings  are  carried  up  above  the  foundation  walls  the  cellar  shall 
be  connected  with  the  street  sewers.  Should  there  be  no  sewer  in 
the  street,  or  if  the  cellars  are  below  water  level,  or  below  the  sewer 
level,  then  provision  shall  be  made  by  the  owner  to  prevent  water 
accumulating  in  the  cellars  to  the  injury  of  the  foundations. 

Sec.  55.  Vaults  Under  Sidewalks — In  buildings  where  the  space 
under  the  sidewalk  is  utilized,  a  sufficient  stone  or  brick  wall,  or  brick 
arches  between  iron  or  steel  beams,  shall  be  built  to  retain  the  road- 
May  of  the  street,  and  the  side,  end  or  party  walls  of  such  buildings 
shall  extend  under  the  sidewalk,  of  sufficient  thickness,  to  such  wall. 
The  roofs  of  all  vaults  shall  be  of  incombustible  material.  Openings 
in  the  roofs  of  vaults  for  the  admission  of  coal  or  light,  or  for  man- 
holes, or  for  any  other  purposes,  if  placed  outside  the  area  line,  shall 
be  covered  with  glass  set  in  iron  frames,  each  glass  to  measure  not 
more  than  16  square  inches  or  with  iron  covers  having  a  rough  sur- 
face, and  ribbeted  flush  with  the  sidewalk.  When  any  such  cover  is 
placed  in  any  sidewalk,  it  shall  be  placed  as  near  as  practicable  to 
the  outside  line  of  the  curb.    All  vaults  shall  be  thoroughly  ventilated. 

Sec.  56.  Areas — All  areas  shall  be  properly  protected  with  suit- 
able railings  or  covered  over. 

When  areas  are  covered  over,  iron  or  iron  and  glass  combined, 
stone  or  other  incombustible  materials  shall  be  used  and  supported 
on  brick  oir  stone  walls  or  on  iron  or  steel  beams. 

Sec.  57.  Cellar  Floors — The  floor  of  the  cellar  or  lowest  story 
in  every  dwelling  house,  apartment  house,  tenement  house,  lodging 
house,  hotel,  workshop,  factory,  school,  church,  hospital  and  asylum 
hereafter  erected,  shall  be  concreted  not  less  than  four  inches  thick- 

Where  wood  floors  are  to  be  laid  in  such  cellars  or  lowest  stor- 
ies, the  sleepers  shall  be  placed  on  top  of  the  concrete. 

Sec.  58.  Cellar .  Ceilings — The  ceiling  over  every  cellar  or  lowest 
floor  in  every  residence  building  more  than  four  stories  in  height, 
hereafter  erected,  when  the  beams  are  of  wood,  shall  be  lathed  with 
iron  or  wire  lath  and  plastered  thereon  with  two  coats  of  brown 
mortar  of  good  materials,  or  such  ether  fireproof  covering  as  may  be 
approved  by  the  Commissioner  of  Buildings  having  jurisdiction. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


i77 


Part  9 — Wood  Beams,  Girders  and  Columns. 

Sec.  .">*.).  Wo6d  Beams — All  wood  beams  and  other  timbers  in  the 
party  wall  of  every  building  built  of  stone,  brick  or  iron  shall  be 
separated  from  the  beam  or  timber  entering  in  the  opposite  side  of 
the  wall  by  at  least  4  inches  of  solid  mason  work.  No  wood  floor 
beams  or  wood  roof  beams  used  in  any  building  hereafter  erected 
shall  be  of  a  less  thickness  than  :i  inches.  All  wood  trimmer  and 
header  beams  shall  be  proportioned  to  carry  with  safety  the  loads 
they  are  intended  to  sustain.  Every  wood  header  or  trimmer  more 
than  4  feet  long,  used  in  any  building,  shall  be  hung  in  stirrup  irons 
of  suitable  thickness  for  the  size  of  the  timbers.  Every  wood  beam, 
except  header  and  tail  beams,  shall  rest  at  one  end  4  inches  in  the 
wall,  or  upon  a  girder,  as  authorized  1)}-  this  code.  The  ends  of  all 
wood  floors  and  roof  beams,  where  they  rest  on  brick  walls,  shall 
be  cut  to  a  bevel  of  3  inches  on  their  depth.  In  no  case  shall  either 
end  of  a  floor  er  roof  beam  be  supported  on  stud  partitions,  except 
in  frame  buildings.  All  wood  floor  and  wood  roof  beams  shall  be 
properly  bridged  with  cross  bridging,  and  the  distance  betwreen 
bridging  or  between  bridging  and  walls  shall  not  exceed  8  feet.  All 
wood  beams  shall  be  trimmed  away  from  all  flues  and  chimneys, 
whether  the  same  be  a  smoke,  air  or  any  other  flue  or  chimney. 
The  trimmer  beam  shall  not  be  less  than  8  inches  from  the  inside 
face  of  a  flue,  and  4  inches  from  the  outside  of  a  chimney  breast,  and 
the  headers  beam  not  less  than  2  inches  from  the  outside  face  of  the 
brick  or  stone  work  of  the  same;  except  that  for  the  smoke  flues  of 
boilers  and  furnaces  where  the  brickwork  is  required  to  be  8  inches 
in  thickness,  the  trimmer  beam  shall  be  not  less  than  12  inches  from 
the  inside  of  the  flue.  The  header  beam,  carrying  the  tail  beams  of 
a  floor,  and  supporting  the  trimmer  arch  in  front  of  a  fireplace,  shall 
be  not  less  than  20  inches  from  the  chimney  breast.  The  safe  carry- 
ing capacity  of  wood  beams  for  uniformly  distributed  loads  shall  be 
determined  by  multiplying  the  area  in  square  inches  by  its  depth  in 
inches  and  dividing  this  product  by  the  span  of  the  beam  in  feet. 
This  result  is  to  be  multiplied  by  70  hemlock,  90  for  spruce  and  white 
pine.  120  for  oak,  and  by  140  for  yellow  pine.  The  safe  carrying 
capacity  of  short  span  timber  beams  shall  be  determined  by  their 
resistenee  to  shear  in  accordance  with  the  units  stresses  fixed  by 
section  139  of  this  Code. 

Sec.  60.  Anchors  and  Straps  for  Wood  Beams  and  Girders— Each 
tier  of  beams  shall  be  anchored  to  the  side,  front,  rear  or  party  walls 
at  intervals  of  not  more  than  6  feet  apart,  with  good,  strong,  wrought 
iron  anchors  of  not  less  than  V/z  inches  by  Y%  of  an  inch  in  size, 
well  fastened  to. the  side  of  the  beams  by  two  or  more  nails  made  of 
wrought  iron  at  least  %  of  an  inch  in  diameter.     Where  the  beams 


1/8         ( ) R I )  I  X  A  X C  KS  ( )  F  T  H  K  C I T  V  O  F  X  EW  Y O R  K. 


arc  supported  by  girders,  the  girders  shall  be  anchored  to  the  walls 
and  fastened  to  each  other  by  suitable  iron  straps.  The  ends  of  wood 
beams  resting  upon  girders  shall  be  butted  together  end  to  end  and 
strapped  by  wrought-iron  straps  of  the  same  size  and  distance  apart, 
and  in  the  same  beam  as  the  wall  anchors,  and  shall  be  fastened  in 
the  same  manner  as  said  wall  anchors. 

Or  they  may  lap  each  other  at  least  12  inches  and  be  well  spiked 
or  bolted  together  where  lapped. 

Each  tier  of  beams  front  and  rear,  opposite  each  pier,  sh&i_ 
hard-wood  anchor  strips  dovetailed  into  the  beams  diagonally,  which 
strips  shall  cover  at  least  4  beams  and  be  1  inch  thick  and  4  inches 
-wide,  but  no  such  anchor  strips  shall  be  let  in  within  4  feet  of  the 
centre  line  of  the  beams;  or  wood  strips  may  be  nailed  on  the  top  of 
the  beams  and  kept  in  place  until  the  floors  are  being  laid.  Every 
pier  and  wall,  front  or  rear,  shall  be  well  anchored  to  the  beams  of 
each  story,  with  the  same  size  anchors  as  are  required  for  side  walls, 
which  anchors  shall  hook  over  the  fourth  beam. 

Sec.  6i.  Wood  Columns  and  Plates — All  timber  columns  shall  be 
squared  at  the  ends  perpendicular  to  their  axis. 

To  prevent  the  unit  stresses  from  exceeding  those  fixed  in  this 
Code,  timber  or  iron  cap  and  base  plates  shall  be  provided. 

Additional  iron  check  plates  shall  be  placed  between  the  cap  and 
base  plates  and  bolted  to  the  girders  when  required  to  transmit  the 
loads  with  safety. 

Sec.  62.  Timber  for  Trusses — When  compression  members  of 
trusses  are  of  timber  they  shall  be  strained  in  the  direction  of  the 
fibre  only.  When  timber  is  strained  in  tension,  it  shall  be  strained 
in  the  direction  of  the  fibre  only.  The  working  stress  in  timber  struts 
of  pin-connected  trusses  shall  not  exceed  seventy-five  per  cent,  of  the 
working  strusses  established  in  section  1.39.  this  Code. 

Sec.  63.  Bolts  and  Washers  for  Timber  Work — All  bolts  used 
in  connection  with  timber  and  wood  beam  work  shall  be  provided 
with  washers  of  such  proportions  as  will  reduce  the  compression  on 
the  wood  at  the  face  of  the  washer  to  that  allowed  in  section  139, 
this  Code,  supposing  the  bolt  to  be  strained  to  its  limit. 

Part  10 — Chimneys,  Flues,  Fireplaces  and  Heating  Pipes. 

Sec.  64.  Trimmer  Arches — All  fireplaces  and  chimney  breasts 
where  mantels  are  placed,  whether  intended  for  ordinary  fireplace  uses 
or  not,  shall  have  trimmer  arches  to  support  hearths,  and  the  said 
arches  shall  be  at  least  20  inches  in  width,  measured  from  the  face 
of  the  chimney  breast,  and  they  shall  be  constructed  of  brick,  stone 
or  burnt  clay.  The  length  of.  a  trimmer  arch  shall  not  be  less  than  the* 
width  of  the  chimney  breast.    Wood  centres  under  trimmer  arches 


ORDINANCES  OF  THE  CITY  OF  XFAY  YORK. 


i79 


shall  bo  removed  before  plastering  the  ceiling  underneath.  If  a  heater 
is  placed  in  a  fireplace,  then  the  hearth  shall  be  the  full  width  of  the 
heater.  All  fireplaces  in  which  heaters  are  placed  shall  have  incom- 
bustible mantels.  No  wood  mantel  or  other  woodwork  shall  be  ex- 
posed back  of  a  summer  piece;  the  ironwork  of  the  summer  piece 
shall  be  placed  against  the  back  or  stone  work  of  the  fireplace.  No 
fireplace  shall  be  closed  with  a  word  llreboard. 

Sec.  65.  Chimneys,  Flues  and  Fireplaces — All  fireplaces  and  chim- 
neys in  stone  or  brick  walls  in  any  building  hereafter  erected,  except 
as  herein  otherwise  provided,  and  any  chimney  or  flue  hereafter  al- 
tered or  repaired,  without  reference  to  the  purpose  for  which  they 
may  be  used,  shall  have  the  joints  struck  smooth  on  the  inside  except 
where  lined  on  the  inside  with  pipe.  Xo  parging  mortar  shall  be  used 
on  the  inside  of  any  fireplace,  chimney  or  flue.  The  firebacks  of  all 
fireplaces  hereafter  erected  shall  be  not  less  than  8  inches  in  thick- 
ness, of  solid  masonry.  When  a  grate  is  set  in  a  fireplace  a  lining  of 
firebrick,  at  least  2  inches  in  thickness,  shall  be  added  to  the  fireback, 
unless  soapstone,  tile  or  castiron  is  used,  and  filled  solidly  behind  with 
fireproof  material.  The  stone  or  brickwork  of  the  smoke  flues  of  all 
"boilers,  furnaces,  bakers'  ovens,  large  cooking  ranges,  large  laundry 
stoves,  and  all  flues  used  for  a  similar  purpose  shall  be  at  least  8 
inches  in  thickness,  and  shall  be  capped  with  terra-cotta,  stone  or 
castiron. 

The  inside  4  inches  of  all  boiler  flues  shall  be  firebrick,  laid  in 
fire  mortar,  for  a  distance  of  25  feet  in  any  direction  from  the  source 
of  heat.  All  smoke  flues  of  smelting  furnaces  or  of  steam  boilers,  or 
other  apparatus  which  heat  the  flues  to  a  high  temperature,  shall  be 
built  with  double  walls  of  suitable  thickness  for  the  temperature,  with 
an  air  space  between  the  wajls,  the  inside  of  the  flues  to  be  of  firebrick. 
All  smoke  flues  shall  extend  at  least  3  feet  above  a  flat  roof,  and  at 
least  2  feet  above  a  peak  roof. 

On  dwelling  houses  and  stables,  three  stories  or  less  in  height, 
not  less  than  six  of  the  top  courses  of  a  chimney  may  be  laid  in 
pure  cement  mortar  and  the  brickwork  carefully  bonded  and  anchored 
together  in  lieu  of  coping. 

Tn  all  buildings  hereafter  erected  every  smoke  flue,  except  the 
flues  hereinbefore  mentioned,  shall  be  lined  on  the  inside  with  cast 
iron  or  well-burnt  clay,  or  terra-cotta  pipe,  made  smooth  on  the  in- 
side, frbia  the  boftom  of  the  flue,  or  from  the  throat  of  the  fireplace, 
if  the  iiue  starts  from  the  latter,  and  carried  up  continuously  to  the 
extreme  height  of  the  flue.  The  ends  of  all  such  lining  pipes  shall  be 
made  to  fit  close  together,  and  the  pipe  shall  be  built  in  as  the  flue  or 
flues  are  carried  up.  Each  smoke  pipe  shall  be  inclosed  on  all  sides 
with  not  less  than  4  inches  of  brickwork  properly  bonded  together. 


i8o        ORDIXAXCES  OF  THE  CITY  OK  NEW  YORK. 


All  flues  in  every  building  shall  be  properly  cleaned  and  all  rub- 
bish  removed,  and  the  flues  left  smooth  on  the  inside  upon  the  com- 
pletion of  the  building. 

Sec.  66.  Chimney  Supports — No  chimney  shall  be  started  or 
built  upon  any  floor  or  beam  of  wood. 

In  no  case  shall  a  chimney  be  corbeled  out  more  than  8  inches 
from  the  wall,  and  in  all  such  cases  the  corbeling  shall  consist  of  at 
least  five  courses  or  brick,  but  no  cobeling  more  than  4  inches  shall 
be  allowed  in  8-inch  brick  walls.  Where  chimneys  are  supported  by 
piers,  the  piers  shall  start  from  the  foundation  on  the  same  line  with 
the  chimney  breast,  and  shall  be  not  less  than  12  inches  on  the  face, 
properly  bonded  into  the  walls.  When  a  chimney  is  to  be  cut  off  be- 
low, in  whole  or  in  part,  it  shall  be  wholly  supported  by  stone,  brick, 
iron  or  steel.  All  chimneys  which  shall  be  dangerous  in  any  manner 
whatever,  shall  be  repaired  and  made  safe,  or  taken  down. 

Sec.  67.  Chimneys  or  Cupolas — Iron  cupola  chimneys  or  foun- 
dries shall  extend  at  least  10  feet  above  the  highest  point  of  any  roof 
within  a  radius  of  50  feet  of  such  cupola,  and  be  covered  on  top  with 
a  heavy  wire  netting.  No  woodwork  shall  be  placed  within  2  feci  of 
the  cupola. 

Sec.  68.  Hot  Air  Flues,  Pipes  and  Vent  Ducts — All  stone  or 
brick  hot  air  flues  and  shafts  shall  be  lined  with  tin,  galvanized  iron  or 
burnt-clay  pipes.  No  wood  casing,  furring  or  lath  shall  be  placed 
against  any  smoke  flue  or  metal  pipe  used  to  convey  hot  air  or 
steam.  No  smoke  pipe  shall  pass  through  any  wood  floor.  No  stove- 
pipe shall  be  placed  nearer  than  9  inches  to  any  lath  or  board  parti- 
tion, ceiling  or  any  woodwork.  Smoke  pipes  of  laundry  stoves,  large 
cooking  ranges  and  of  furnaces  shall  be  not  less  than  15  inches 
from  any  wood  work,  unless  they  are  properly  guarded  by  metal 
shields;  if  so  guarded,  stovepipes  shall  be  not  less  than  6  inches  dis- 
tant, smoke  pipes  of  laundry  stoves,  large  cooking  ranges  and  of  fur- 
naces shall  be  not  less  than  o  inches  distant  from  any  wood  work. 
Where  smoke  pipes,  pass  through  a  lath  and  plaster  partition  they 
shall  be  guarded  by  galvanized  iron  ventilated  thimbles  at  least  12 
inches  larger  in  diameter  than  the  pipes,  or  by  galvanized  iron  thim- 
bles built  in  at  least  8  inches  of  brickwork.  No  smoke  pipe  shall  pass 
through  the  roof  of  any  building  unless  a  special  permit  be  first  ob- 
tained from  the  Building  Department  for  the  same.  If  a  permit  is  so 
granted,  then  the  roof  through  which  the  smoke  pipe  passes  shall  be 
protected  in  the  following  manner:  A  galvanized  iron  ventilated  thim- 
ble of  the  following  dimensions  shall  be  placed;  in  case  of  a  stove- 
pipe, the  diameter  of  the  outside  guard  shall  not  be  less  than  12 
inches  and  the  diameter  of  the  inner  one,  8  inches,  and  for  all  furnaces, 
or  where  similar  large  hot  fires  are  used,  the  diameter  of  the  outside 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


guard  shall  be  not  less  than  18  inches  and  the  diameter  of  the  inner 
one,  12  inches.  The  smoke  pipe  thimbles  shall  extend  from  the  tinder 
side  of  the  ceiling  or  roof  beams  to  at  least  9  inches  above  the  roof, 
and  they  shall  have  openings  for  ventilation  at  the  lower  end  where  the 
smoke  pipes  enter,  also  at  the  top  of  the  guards  above  the  roof.  Where 
a  smoke  pipe  of  a  boiler  passes  through  a  roof,  the  same  shall  be 
guarded  by  a  ventilated  thimble,  same  as  before  specified,  36  inches 
larger  than  the  diameter  of  the  smoke  pipe  of  the  boiler.  Tin  or 
other  metal  pipes  in  brick  or  stone  walls,  used  or  intended  to  be 
used  to  convej'  heated  air.  shall  be  covered  with  brick  or  stone  at  least 
4  inches  in  thickness.  Woodwork  near  hot-air  pipes  shall  be  guarded 
in  the  following  manner:  A  hot-air  pipe  shall  be  placed  inside  an- 
other pipe,  1  inch  larger  in  diameter,  or  a  metal  shield  shall  be  placed 
not  less  than  one-half  inch  from  the  hot-air  pipe;  the  outside  pipe  or 
the  metal  shield  shall  remain  1  1-2  inches  away  from  the  woodwork 
and  the  latter  must  be  tin  lined,  or  in  lieu  of  the  above  protection.  4 
inches  of  brickwork  may  be  placed  between  the  hot-air  pipe  and  the 
woodwork.  This  shall  not  prevent  the  placing  of  metal  lath  and  plas- 
ter directly  on  the  face  of  hot-air  pipes  or  the  placing  of  woodwork 
on  such  metal  lath  or  plaster,  provided  the  distance  is  not  less  than 
seven-eighths  of  an  inch.  No  vertical  hot-air  pipe  shall  be  placed  in 
a  stud  partition,  or  in  a  wood  inclosure,  unless  it  be  at  least  8  feet 
distant  in  a  horizontal  direction  from  the  furnace.  Hot-air  pipes  in 
closets  shall  be  double,  with  a  space  of  1  inch  between  them.  Hori- 
zontal hot-air  pipes  shall  be  placed  6  inches  below  the  floor  beam-  or 
ceiling;  if  the  floor  beams  or  ceiling  are  plastered  and  protected  by 
a  metal  shield,  then  the  distance  shall  be  not  less  than  3  inches. 

Vent  flues  or  ducts  for  the  removal  of  foul  or  vitiated  air  in  which 
the  temperature  of  the  air  cannot  exceed  that  of  the  rooms,  may  be 
constructed  of  iron,  or  other  incombustible  material,  and  shall  not 
be  placed  nearer  than  1  inch  to  any  woodwork,  and  no  such  pipe  shall 
be  used  for  any  other  purpose. 

In  the  support  or  construction  of  such  ducts,  if  placed  in  a  public 
school  room,  no  wood  furring  or  other  inflamable  material  shall  be 
nearer  than  2  inches  to  said  Hues  or  ducts,  and  shall  be  covered  on 
all  sides  other  than  those  resting  against  brick,  terra  cotta.  or  other 
incombustible  material,  with  metal  lath  plastered  with  at  least  two 
heavy  coats  of  mortar,  and  having  at  least  one-half  inch  air  space  be- 
tween the  flues  or  ducts  and  the  lath  and  plaster. 

Sec.  69.  Steam  and  Hot  Water  Heating  Pipes — Steam  or  hot 
water  heating  pipes  shall  not  be  placed  within  2  inches  of  any  other 
timber  or  woodwork,  unless  the  timber  or  woodwork  is  protected  by 
a  metal  shield;  then  the  distance  shall  not  be  lcs>  than  1  inch.  All 
Steam  or  hot  water  heating  pipes  passing  through  floors  and  ceilings. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


-or  lath  and  plastered  partitions  shall  be  protected  by  a  metal  tube 
1  inch  larger  in  diameter  than  the  pipe  having  a  metal  cap  at  the  floor, 
and  where  they  are  run  in  a  horizontal  direction  between  a  floor  and 
•ceiling,  a  metal  shield  shall  be  placed  on  the  under  side  of  the  floor 
over  them,  and  on  the  sides  of  wood  beams  running  parallel  with 
said  pipe. 

All  wood  boxes  or  casings  inclosing  steam  or  hot  water  heating 
pipes  and  all  wood  covers  to  recesses  in  walls  in  which  steam  or  hot 
water  heating  pipes  are  placed,  shall  be  lined  with  metal. 

All  pipes  or  ducts  used  to  convey  air  warmed  by  steam  or  hot 
water  shall  be  of  metal  or  other  fireproof  material.  All  steam  and 
hot  water  pipe  coverings  shall  consist  of  fireproof  materials  only. 

Part  ii — General  Construction. 

Sec.  70.  Ducts  for  Pipes — All  ducts  for  pipes,  wires,  and  other 
similar  purposes  shall  be  inclosed  on  all  sides  with  fireproof  material, 
-and  the  opening  through  each  floor  shall  be  properly  fire-stopped. 

Sec.  71.  Studded-off  Spaces — Where  walls  are  studded-off,  the 
space  between  the  inside  face  of  the  wall  and  the  studding  shajl  be 
fire-stopped  with  fireproof  material  placed  cn  the  under  side  of  the 
wood  beams  above,  for  a  depth  oi  not  less  than  4  inches,  and  be  se- 
curely supported;  or  the  beams  directly  over  the  studded-off  space 
shall  be  defended  with  not  less  than  4  inches  of  fireproof  material, 
which  may  be  laid  on  boards  cut  in  between  the  beams. 

Sec.  72.  Wainscoting — When  wainscoting  is  used  in  any  building 
hereafter  erected,  the  surface  of  the  wall  or  partition  behind  such 
wainscoting  shall  be  plastered  flush  with  the  grounds  and  down  to  the 
Hoor  line. 

Sec.  73.  .  Bay,  Oriel  and  Show  Windows — Bay  windows,  oriel" 
windows  and  show  windows  on  the  street  front  or  side  of  any  building 
may  project  not  more  than  1  foot  beyond  the  building  line  and  shall 
oe  constructed  of  such  materials  and  in  such  manner  as  will  meet 
the  approval  of  the  Department  of  Buildings. 

Any  such  window  that  does  not  extend  more  than  3  feet  above 
the  second-stor3r  floor  of  any  dwelling-house  may  be  built  of  wood 
covered  with  metal. 

Part  12 — Stairs  and  Entrance. 

Sec.  74.  Entrance  to  Basement — Every  dwelling-house  arranged 
for  or  occupied  by  two  or  more  families  above  the  first  story,  hereafter 
erected,  shall  be  provided  with  an  entrance  to  the  basement  thereof 
from  the  outside  of  such  building. 

Sec.  75.  Stairs.  Number  Regulated  by  Area  of  Building — In  any 
building  hereafter  erected  to  be  used  as  a  store,  factory,  hotel  or  lodg- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  185 


ing-house,  covering  a  lot  area  exceeding  2,500  feet  and  not  exceeding 
5,000  feet,  there  shall  be  provided  at  least  two  continuous  lines  of 
stairs  remote  from  each  other;  and  every  such  building  shall  have 
at  least  one  continuous  line  of  stairs  for  each  5,000  feet  of  lot  area 
covered,  or  part  thereof,  in  excess  of  that  required  for  5,000  feet  area. 
When  any  such  building  covers  an  area  of  lot  greater  than  15,000 
feet  the  number  of  stairs  shall  be  increased  proportionately,  or  as  will 
meet  with  the  approval  of  the  Commissioner  of  Buildings  having, 
jurisdiction. 

Sec.  76.  Engineer's  Stationary  Ladders — Every  building  in  which, 
boilers  or  machinery  are  placed  in  the  cellar  or  lowest  story  shall 
have  stationary  iron  ladders  or  stair  from  such  story  leading  direct 
to  a  manhole  above  on  the  sidewalk,  or  other  outside  exit. 

Sec.  77.  Slate  and  Stone  Treads  of  Stairs  to  Be  Supported — In  all 
buildings  hereafter  erected  more  than  seven  stories  in  height  where  the 
treads  and  landings  or  iron  stairs  are  of  slate,  marble  or  other  stone, 
they  shall  each  be  supported  directly  underneath,  for  their  entire 
length  and  width,  by  an  iron  plate  made  solid  or  having  openings 
not  exceeding  4  inches  square  in  same,  of  adequate  strength  and  fas- 
tened to  strings.  In  case  such  supporting  plates  be  made  solid,  the 
treads  may  be  of  oak,  not  less  than  19^  inches  thick.  • 

Part  13 — Skylights  and  Floor  Lights. 

Sec.  78.  Metal  Skylights — All  skylights  having  a  superficial  area 
of  more  than  9  square  feet,  placed  in  any  building,  shall  have  th'e 
sashes  and  frames  thereof  constructed  of  iron  and  glass.  Ever}''  fire- 
proof roof  hereafter  placed  on  any  builcling  shall  have  besides  scut- 
tle or  bulkhead,  a  skylight  or  skylights  of  a  superficial  area  equal  to 
not  less  than  one-fiftieth  the  superficial  area  of  such  fireproof  roof- 
Skylights  hereafter  placed  in  public  buildings,  over  any  passageway 
or  room  of  public  resort,  shall  have  immediately  underneath  the  glass 
thereof  a  wire  netting,  unless  the  glass  contains  a  wire  netting  within 
itself. 

Sec.  79.  Floor  Lights — Floor  lights,  used  for  transmission  of 
light  to  floors  below,  shall  be  constructed  of  metal  frames  and  bars  or 
plates,  and  if  any  glass  in  same  measures  more  than  16  squars  inches,, 
the  glass  shall  be  provided  with  a  mesh  of  wire  either  in  the  glass  or 
under  the  same,  and  the  floor  lights  shall  be  of  the  same  proportional, 
strength  as  the  floors  in  which  they  are  placed. 

Part  14 — Inclosure  and  Shed  Coverings  for  the  Protection  of  Pedes^ 

trians. 

Sec.  80.  Inclosure  and  Shed  Coverings  for  the  Protection  of  Pe- 
destrians— Whenever  buildings  shall  be  erected  or  increased  to  over  65. 


i84        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


feet  in  height,  upon  or  along  any  street,  the  owner,  builder  or  con- 
tractor constructing  or  repairing  such  buildings  shall  have  erected 
and  maintained  during  such  construction  or  repair  a  shed  over  the 
sidewalk  in  front  of  said  premises,  extending  from  building  line  to 
-curb,  the  same  to  be  properly,  strongly  and  tightly  constructed,  so  as 
to  protect  pedestrians  and  others  using  such  streets.  Whenever  out- 
side scaffolds  are  required  to  carry  on  the  construction  of  buildings 
over  85  feet  in  height,  whether  the  same  be  constructed  by  pole,  or 
thrust-out  scaffold,  there  shall  be  erected  on  its  outer  edge  and  ends 
an  inclosure  of  wire  netting  of  not  over  2-inch  mesh,  or  of  boards  not 
less  than  34-inch  thick,  placed  not  over  1^2  inches  apart,  well  secured 
to  uprights  not  less  than  2  inches  by  4  inches,  fastened  to  planks  or 
timbers  and  resting  on  put  logs  or  thrust  outs.  The  said  inclosure 
shall  be  carried  up  at  least  5  feet  in  advance  above  the  level  on  which 
the  workmen  employed  on  said  front  are  working.  The  said  thrust 
outs  shall  not  be  less  than  3  by  jo,  of  spruce  or  yellow  pine,  and  to 
"be  doubled  or  tripled,  as  may  be  required  for  the  load  to  be  carried, 
and  to  be  thoroughly  braced  and  secured;  or  said  timbers  can  be  in 
one  stick,  if  proportioed  to  the  load.  The  flooring  on  thrust-outs  and 
put  logs  shall  be  tightly  constructed  with  plank.  The  said  floor  and 
inclosure  shall  not  be  removed  until  a  like  floor  and  inclosure  is  already 
prepared  and  in  position  on  the  story  above.  In  all  buildings  over  85 
feet  in  height,  during  construction  or  alteration,  the  windows  on  each 
floor  above  the  second  shall  be  properly  inclosed  as  soon  as  the  story 
is  built.  If  the  walls  of  such  buildings  arc  carried  up  two  stories  Or 
more  above  the  roofs  of  adjoining  buildings,  proper  means  shall  be 
provided  and  used  for  the  protection  of  skylights  and  roofs  of  such 
adjoining  buildings.  The  protection  over  skylights  shall  be.  of  stout 
wire  netting  not  over  24 -inch  niesh,  on  stout  timbers,  and  properly  se- 
cured. All  such  sheds  and  inclosures  are  to  be  subject  to  the  inspec- 
tion of  the  Department  of  Buildings.  Should  said  adjoining  owner, 
tenant  or  lessee  refuse  to  grant  permission  to  have  said  roofs  and 
skylights  so  protected,  such  refusal  by-  said  owner,  tenant  or  lessee 
shall  relieve  the  owner  of  the  building  in  course  of  construction  from 
any  responsibility  for  damage  done  to  persons  or  property  on  or 
within  the  premises  affected.  Should  such  inclosure  or  protection  not 
be  so  erected,  the  Commissioner  of  Buildings  having  jurisdiction  shall 
<:ause  a  notice  to  be  served  personally  upon  the  owner,  or  his  author- 
ized agent,  constructing  or  repairing  such  buildings,  or  the  owner,  ten- 
ant or  lessee  of  adjoining  premises,  requiring  such  inclosure  or  pro- 
tection, as  provided  in  this  section,  specifying  the  manner  in  which 
the  same  shall  be  erected;  and  if  such  inclosures  or  protections  are  not 
erected,  strengthened  or  modified  as  provided  in  such  notice  within 
three  days  after  the  service  thereof,  the  said  Commissioner  of  Build- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  185 


ings  having  jurisdiction  shall  have  full  power  and  authority  to  cause 
such  inclosure  to  be  erected  on  the  fronts  and  roofs  and  the  skylights 
protected,  and  all  expenses  connected  with  same  may  become  a  lien 
on  the  property  in  interest  so  inclosed  and  protected,  and  which  lien 
may  be  created  and  enforced  in  the  same  manner  a>  now  provided  for 
in  section  156  of  this  Code. 

Part  15 — Miscellaneous  Buildings. 

Sec.  81.  Grain  Elevators — Nothing  in  this  Code  shall  be  so  construed 
as  to  apply  or  prevent  the  erection  of  what  are  known  as  grain  elevators., 
as  usually  constructed,  provided  they  are  erected  on  tidewater,  or  adja- 
cent to  river  front  in  said  City,  in  isolated  •  localities,  under  such  condi- 
tions as  the  Department  of  Buildings  may  prescribe,  including  location. 

Sec.  82.  Exhibition  Buildings — Buildings  for  fair  and  exhibition  pur- 
poses, towers  for  observation  purposes  and  structures  for  similar  uses, 
whether  temporary  or  permanent  in  character,  shall  be  constructed  in  sucl* 
manner  and  under  such  conditions  as  the  Board  of  Buildings  may  pre- 
scribe. 

Sec.  83.  Smokehouses — All  smokehouses  shall  be  of  fireproof  con- 
struction, with  brick  walls,  iron  doors  and  brick  or  metal  roofs.  An  iron 
guard  shall  be  placed  over  and  three  feet  above  the  lire,  and  the  hanging 
rails  shall  be  of  iron.  The  walls  of  all  smokehouses  shall  be  built  1111  at 
ka>t  three  feet  higher  than  the  roof  of  the  building  in  which  the)  are 
located.  . 

Part  16 — Heating  Apparatus,  Drying  Rooms,  Gas  and  Water  Pipes- 
Sec.  84.  Heating  Furnaces  and  Boilers — A  brick-set  boiler  shall  not 
be  placed  on  an}-  wood  or  combustible  floor  or  beams.  Wood  or  com- 
bustible" Moors  and  beams  under  and  not  less  than  3  feet  in  front  and  1 
foot  on  the  sides  of  all  portable  boilers  shall  be  protected  by  a  suitable- 
brick  foundation  of  not  less  than  two  courses  of  brick  well  laid  in  mortar 
on  sheet  iron;  the  said  sheet  iron  shall  extend  at  least  24  inches  outside 
of  the  foundation  at  the  sides  and  front.  Bearing  lines  of  bricks,  laid 
on  the  flat,  with  air  spaces  between  them,  shall  be  placed  on  the  foundation 
to  support  a  cast-iron  ash  pan  of  suitable  thickness,  on  which  the  base 
of  the  boiler  shall  be  placed,  and  shall  have  a  flange,  turned  up  in  the 
front  and  on  the  sides.  4  inches  high;  said  pan  shall  be  in  width  not  less 
than  the  base  of  the  boiler  and  shall  extend  at  least  2  feet  in  front  of  it. 
If  a  boiler  is  supported  on  a  cast-iron  base  with  a  bottom  of  the  required 
thickness  of  an  ash  pan,  and  is  placed  on  bearing  lines  of  brick  in  the 
same  manner  as  specified  for  an  ash  pan.  then  the  ash  pan  shall  be  placed 
in  front  of  the  said  base  and  shall  not  be  required  to  extend  under  it 
All  lath  and  plaster  and  wood  ceilings  and  beams  over  and  to  a  distance 
of  not  less  than  4  feet  in  front  of  all  boilers  shall  be  shielded  with  metal 
The  distance  from  the  top  of  the  boiler  to  said  shield  shall  nol  be  less 


186        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


than  12  inches.  No  combustible  partition  shall  be  within  4  feet  of  the 
sides  and  back  and  6  feet  from  the  front  of  any  boiler,  unless  said 
partition  shall  be  covered  with  metal  to  the  height  of*  at  least  3  feet  above 
the  floor,  and  shall  extend  from  the  end  or  back  of  the  boiler  to  at 
least  5  feet  in  front  of  it;  then  the  distance  shall  be  not  less  than  2  feet 
from  the  sides  and  5  feet  from  the  front  of  the  boiler.  All  brick  hot-air 
furnaces  shall  have  two  covers,  with  an  air  space  of  at  least  4  inches 
between  them;  the  inner  cover  of  the  hot-air  chamber  shall  be  either  a 
Tbrick  arch  fir  two  courses  of  brick  laid  on  galvanized  iron  or  tin,  sup- 
ported on  iron  bars;  the  outside  cover,  which  is  the  top  of  the  furnace, 
jshall  bo  made  of  brick  or  metal  supported  on  iron  bars,  and  so  constructed 
sis  to  be  perfectly  tight,  and  shall  not  be  less  than  4  inches  below  any 
combustible  ceiling  or  flc  )or  beams.  The  walls  of  the  furnace  shall  be 
built  hollow  in  the  following  manner:  One  inner  and  one  outer  wall, 
<>ach  4  inches  in  thickness,  properly  bonded  together  with  an  air  space  of 
not  less  than  3  inches  between  them.  Furnaces  must  be  built  at  least  4 
inches  from  all  woodwork.  The  cold-air  boxes  of  all  hot-air  furnaces 
•shall  be  made  of  metal,  brick  or  other  incombustible  material,  for  a 
distance  of  at  least  to  feet  from  the  furnace.  All  portable  hot-air  fur- 
naces shall  be  placed  2  feet  Irom  any  wood  or  combustible  partition 
«>r  ceiling,  unless  the  partitions  and  ceilings  are  properly  protected  by  a 
metal  shield,  when  the  distance  shall  be  not  less  than  1  foot.  Wood  floors 
tinder  all  portable  furnaces  shall  be  protected  by  two  courses  of  brick 
Work  well  laid  in  mortar  or  sheet  iron.  Said  brickwork  shall  extend  at 
least  2  feet  beyond  the  furnace  in  front  of  the  ash  pan. 

Sec.  85.  Registers — Registers  located  over  a  brick  furnace  shall  be 
supported  by  a  brick  shaft  built  up  from  the  coyer  of  the  hot-air  cham- 
ber; said  shaft  shall  be  lined  with  a  metal  pipe,  and  all  wood  beams 
shall  be  trimmed  away  not  less  than  4  inches  from  it.  Where  a  register 
is  placed  on  any  woodwork  in  connection  with  a  metal  pipe  or  duct,  the 
end  of  said  pipe  or  duct  shall  be  flanged  over  on  the  wood  work  under 
at.  All  registers  for  hot-air  furnaces  placed  in  any  wood  work  or  com- 
bustible floors  shall  have  stone  or  iron  borders  firmly  set  in  plaster  of 
paris  or  gauged  mortar.  All  register  boxes  shall  be  made  of  tin  plate 
or  galvanized  iron  with  a  flange  on  top  to  fit  the  groove  in  the  frame, 
the  register  *o  rest  upon  the  same;  there  shall  be  an  open  space  of  2 
inches  on  all  sides  of  the  register  box,  extending  from  the  under  side  of 
the  border  to  and  through  the  ceiling  below.  The  said  opening  shall  be 
fitted  with  tight  tin  or  galvanized  iron  casing,  the  upper  end  of  which 
shall  be  turned  under  the  frame.  When  a  register  box  is  placed  in  the 
floor  over  a  portable  furnace-,  the  open  space  on  all  sides  of  the  register 
box  shall  be  not  less  than  3  inches.  When  only  one  register  is  connected 
with  a  furnace  said  register  shall  have  no  valve. 

Sec.  86.  Drying  Rooms — All  walls,  Ceilings  and  partitions  inclosing 
drying  rooms,  when  not  made  of  fireproof  material,  shall  be  wire  lathed 


ORDINANCES  OF  THK  CITY  OF  XEW^'ORK.  187 


and  plastered.,  or  covered  with  metal,  tile  or  other  hard  incombustible 
material. 

Sec.  87.  Ranges  and  Stoves — Where  a  kitchen  range  is  placed  front 
T2  to  6  inches  from  a  wood  stud  partition,  the  said  partition  shall  be 
shielded  with  metal  from  the  floor  to  the  height  of  not  less  than  3  feet 
higher  than  the  range;  if  the  range  is  within  6  inches  of  the  partition, 
then  the  studs  shall  he  cut  away  and  framed  3  feet  higher  and  ]  foot 
wider  than  the  range,  and  filled  in  to  the  face  of  the  said  stud  partition 
with  brick  or  fireproof  blocks,  and  plastered  thereon.  All  ranges  on  wood 
or  combustible  floors  and  beams  that  are  not  supported  on  legs  and  have 
ash  pans  3  inches  or  more  above  their  base,  shall  be  set  on  suitable  brick 
foundations,  consisting  of  not  less  than  two  courses  of  brick  well  laid 
in  mortar  on  sheet  iron,  except  small  ranges  such  as  are  used  in  apart- 
ment houses  that  have  ash  pans  3  inches  or  more  above  their  base,  which 
shall  be  placed  on  at  least  one  course  of  brick  work  on  sheet  iron  or 
cement.  No  range  shall  be  placed  against  a  furred  wall.  All  lath  and 
plaster  or  wood  ceilings  over  all  large  ranges  and  ranges  in  hotels  and 
restaurants,  shall  be  guarded  by  metal  hoods  placed  at  least  9  inches  below 
the  ceiling.  A  ventilating  pipe  connected  with  a  hood  over  a  range  shall 
be  at  least  9  inches  from  all  lath  and  plaster  or  woodwork  and  shielded. 
If  the  pipe  is  less  than  9  inches  from  lath  and  plaster  and  woodwork,  then 
the  pipe  shall  be  covered  with  1  inch  of  asbestos  plaster  on  wire  mesh- 
No  ventilating  pipe  connected  with  a  hood  over  a  range  shall  pass  through 
any  floor.  Laundry  stoves  on  wood  or  combustible  floors  shall  have  a 
course  of  bricks,  laid  on  metal,  on  the  floor  under  and  extended  24  inches 
on  all  sides  of  them.  All  stoves  for  heating  purposes  shall  be  properly 
supported  on  iron  legs  resting  on  the  floor  3  feet  from  all  lath  and  plaster 
or  woodwork;  if  the  lath  and  plaster  or  woodwork  is  properly  protected 
by  a  metal  shield,  then  the  distance  shall  be  not  less  than  18  inches.  A 
metal  shield  shall  be  placed  under  and  12  inches  in  front  of  the  ash  pan 
of  all  stoves  that  are  placed  on  wood  floors.  All  low  gas  stoves  shall 
be  placed  on  iron  stands,  or  the  burners  shall  be  at  least  '6  inches  above 
the  base  of  the  stove  and  metal  guard  plates  placed  4  inches  below  the 
burners,  and  all  woodwork  under  them  shall  be  covered  with  metal. 

Sec.  88.  Notice  as  to  Heating  Apparatus— In  cases  where  hot  water, 
steam,  hot  air  or  other  heating  appliances  or  furnaces  are  hereafter  placed 
in  any  building,  or  flues  or  fireplaces  are  changed  or  enlarged,  due  notice 
shall  first  be  given  to  the  Department  of  Buildings  by  the  person  or  per- 
sons placing  the  said  furnace  or  furnaces  in  said  building,  or  by  the  eon- 
tractor  or  superintendent  of  said  work. 

Sec.  89.    Gas  and  Water  Pipes— Every  building,  other  than  a  dwell 
ing  house,  hereafter  erected,  and  all  factories,  hotels,  churches,  theatres, 
schoolhouses  and  other  buildings  of  a  public  character  now;  erected  in 
which  gas  or  steam  is  used  for  lighting  or  heating,  shall  have  the  supply 
pipes  leading  from  the  street  mains  provided  each  with  a  stopcock  placed 


l£8         ORDINANCES  OIr  THE  CITY  OF  NEW  YORK. 


in  the  sidewalk  at  or  near  the  curb,  and  so  arranged  as  to  allow  of 
shutting  off  at  that  point.  No  gas,  water  or  other  pipes  which  may  be 
introduced  into  any  buildings  shall  be  let  into  the  beams  unless  the  same 
l>e  placed  within  36  inches  of  than  2  inches  in  depth.  All  said  pipes 
shall  be  installed  in  accordance  with  the  rules  and  regulations  prescribed 
by  the  Board  of  Buildings.  All  gas  brackets  shall  be  placed  at  least 
feet  below  any  ceiling  or  woodwork,  unless  the  same  is  properly  pro- 
tected by  a  shield,  in  which  case  the  distance  shall  be  not  less  than  18 
inches.  No  swinging  or  folding  gas  bracket  shall  be  placed  against  any 
stud  partition  or  woodwork.  Xo  gas  bracket  on  any  lath  and  plaster 
partition  or  woodwork  shall  be  less  than  5  inches  in  length,  measured 
from  the  burner  to  the  plaster  surface  or  woodwork.  Gaslights  placed 
near  window  curtains  or  any  other  combustible  material  shall  be  protected 
by  a  proper  shield. 

Part  17 — Roofs,  Leaders,  Cornices,  Bulkheads,  Scuttles  and  Tanks. 

Sec.  90.  Mansard  Roofs — If  a  mansard  or  other  roof  of  like  char- 
acter having  a  pitch  of  over  60  degrees  be  placed  on  any  building,  except 
.a  wood  building,  or  a  dwelling  house  not  exceeding  three  stories  nor 
more  than  40  feet  in  height,  it  shall  be  constructed  of  iron  rafters  and 
lathed  with  iron  or  steel  on  the  inside  and  plastered,  or  filled  in  with 
fireproof  material  not  less  than  3  inches  thick,  and  covered  with  metal, 
slate  or  tile. 

Sec.  91.  Cornices  and  Gutters — On  all  buildings  hereafter  erected 
within  the  fire  limits,  the  exterior  cornices,  inclusive  of  those  on  show 
Avindows,  and  gutters  shall  be  of  some  fireproof  material.  All  fireproof 
cornices  shall  be  well  secured  to  the  walls  with  iron  anchors,  independent 
of  any  woodwork.  In  all  cases  the  walls  shall  be  carried  up  to  the  plank- 
ing of  the  roof.  Where  the  cornice  projects  above  the  roof  the  walls 
shall  be  carried  up  to  the  top  of  the  cornice.  The  party  walls  shall  in 
Jill  cases  extend  up  above  the  planking  of  the  cornice  and  be  coped.  All 
exterior  wooden  cornices  that  may  now  be  or  that  may  hereafter  become 
Unsafe  or  rotten  shall  be  taken  down,  and  if  replaced,  shall  be  con- 
structed of  some  fireproof  material.  All  exterior  cornices  of  wood  or 
gutters  that  may  hereafter  be  damaged  by  fire  to  the  extent  of  one-half 
shall  be  taken  down,  and  if  replaced  shall  be  constructed  of  some  fireproof 
7iiaterial,  but  if  not  damaged  to  the  extent  of  one-half,  the  same  may  be 
repaired  with  the  same  kind  of  material  of  which  they  were  originally 
constructed. 

Sec.  92.  Bulkheads  on  Roofs  and  Scuttles — Bulkheads  used  as  in- 
closures  for  tanks  and  elevators,  and  coverings  for  the  machinery  of  eleva- 
tors and  all  other  bulkheads,  including  the  bulkheads  of  all  dwelling 
houses  more  than  four"  stories  in  height  hereafter  erected  or  altered, 
may  be  constructed  of  hollow  fireproof,  blocks  or  of  wood,  covered  with 
not  less  than  two  inches  of  fireproof  material,  or  filled  in  the  thickness 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  189 


of  the  studding  with  such  material,  and  covered  on  all  outside  surfaces 
with  metal,  including  both  surfaces  and  edges  of  doors.  All  such  build- 
ings shall  have  scuttles  or  bulkheads  covered  with  some  fireproof  mate- 
rials, with  ladders  or  stairs  leading  thereto,  and  easily  accessible  to  all 
occupants.  Xo  scuttle  shall  be  less  in  size  than  ^t  wo  by  three  feet.  No 
staging  or  stand  shall  be  constructed  or  occupied  upon  the  roof  of  any 
buildings  without  first  obtaining  the  approval  of  the  Commissioner  of 
Buildings  having  jurisdiction. 

Sec.  93.  Tanks — Tanks  containing  more  than  500  gallons  of  water 
or  other  fluid  hereafter  placed  in  any  story,  or  on  the  roof  or  above 
the  roof  of  any  building  now  or  hereafter  erected,  shall  be  supported  on 
iron  or  steel  beams  of  sufficient  strength  to  safely  carry  the  same  and 
the  beams  shall  rest  at  both  their  ends  on  brick  walls  or  on  iron  or  steel 
girders  or  iron  or  steel  columns  or  piers  of  masonry.  Underneath  any 
said  water  tank  or  on  the  side  near  the  bottom  of  the  same,  there  shall 
be  a  short  pipe  or  outlet,  not  less  than  4  inches  in  diameter,  fitted  with 
a  suitable  valve  having  a  level  or  wheel  handle  to  same,  so  that  firemen 
or  ethers  can  readily  discharge  the  weight  of  the  fiuid  contents  from 
the  tank,  in  case  of  necessity.  Such  tanks  shall  be  placed  where  prac- 
ticable at  one  corner  of  a  building,  and  shall  not  be  placed  over  nor 
near  a  line  of  stairs.  Covers  on  top  of  water  tanks  placed  on  roofs, 
if  of  wood,  shall  be  covered  with  tin. 

Sec.  94.  Roofing  and  Leaders  Within  the  Fire  Limits — The  plank- 
ing and  sheathing  of  the  roofs  of  buildings  shall  not  in  any  case  be 
extended  across  the  side  or  party  wall  thereof.  Every  building  and 
the  tops  and  sides  of  every  dormer  window  thereon  shall  be  covered 
and  roofed  with  brick,  tile,  slate,  tin.  copper,  iron  or  plastic  slate,  asphalt, 
slag,  or  gravel  may  be  used,  provided  such  roofing  shall  be  composed 
of  not  less  than  five  layers  of  roofing  felt,  cemented  together  and  finished 
with  ftot  less  than  10  gallons  of  coal  tar,  pitch  or  asphalt  to  each  100 
square  feet  of  roof,  or  such  other  quality  of  fireproof  roofing  as  the 
Board  of  Buildings,  under  its  certificate,  may  authorize,  and  the  outside 
of  the  frames  of  every  dormer  window  hereafter  placed  upon  any  build- 
ing shall  be  made  of  some  fireproof  material.  No  wood  building  within 
the  fire  limits  more  than  two  stories  or  above  20  feet  in  height  above  the 
curb  level  to  the  highest  part  thereof,  which  shall  require  roofing,  shall 
be  roofed  with  any  other  roofing  or  covered  except  as  aforesaid.  Nothing 
in  this  section  shall  be  construed  to  prohibit  the  repairing  of  any  shingle 
roof,  provided  the  building  is  not  altered  in  height.  All  buildings  shall 
be  provided  with  proper  metallic  leaders  for  conducting  water  from  the 
roofs  in  such  manner  as  shall  protect  the  walls  and  foundations  of  said 
buildings  from  injury.  Tn  no  case  shall  the  water  from  the  said  leaders 
be  allowed  to  flow  upon  the  sidewalk,  but  the  same  shall  be  conducted 
by  pipe  or  pipes  to  the  sewer.  If  there  be  no  sewer  in  the  street  upon 
which  such  buildings  front,  then  the  water  .from  said  leader  shall  be  con- 


ORDINANCES  OV  THE  CITY  OF  NEW  YORK 


ducted  by  proper  pipe  or  pipes,  below  the  surface  of  the  sidewalk  to  the 
street  gutter. 

Part  18 — Elevators,  Hoistways  and  Dumbwaiters. 

See.  95.  Elevators  and  Hoistways — In  any  building  in  which  there 
shall  be  any  hoistway  or  freight  elevator  or  well  hole  not  inclosed  in 
walls  constructed  of  brick  or  other  fireproof  material  and  provided  with 
hreproof  doors,  the  openings  thereof  through  and  upon  each  floor  of 
said  building  shall  be  provided  with  and  protected  by  a  substantial  guard 
or  gate  and  with  such  good  and  sufficient  trap  doors  as  may  be  directed 
and  approved  by  the  Department  of  Buildings,  and  when  in  the  opinion 
of  the  Commissioner  of  Buildings  having  jurisdiction,  automatic  trap 
doors  are  required  to  the  floor  openings  of  any  uninclosed  freight  ele- 
vator, the  same  shall  be  constructed  so  as  to  form  a  substantial  floor  sur- 
face when  closed,  and  so  arranged  as  to  open  and  close  by  the  action  of 
the  elevator  in  its  passage,  either  ascending  or  descending.  The  said 
Commissioner  of  Buildings  shall  have  exclusive  power  and  authority  to 
require  the  openings  of  hoistways  or  hoistway  shafts,  elevators  and  well- 
holes  in  buildings  to  be  inclosed  or  secured  by  trap  doors,  guards  or 
gates  and  railings.  Such  guards  or  gates  shall  be  kept  , closed  at  all 
times,  except  when  in  actual  usC;  and  the  trap  doors  shall  be  closed  at 
the  close  of  the  business  of  each  day  by  the  occupant  or  occupants  of 
the  building  having  the  use  or  control  of  the  same. 

Sec.  96.  Elevator  Inclosures — All  elevators  hereafter  placed  in  any 
building,  except  such  fireproof  buildings  as  have  been  or  may  be  here- 
after erected,  shall  be  inclosed  in  suitable  walls  of  brick  or  with  a  suit- 
able framework  of  iron  and  burnt  clay  fillings,  or  of  such  other  fireproof 
material  and  forms  of  construction  as  may  be  approved  by  the  Depart- 
ment of  Buildings,  except  that  the  inclosure  walls  in  non-fireproof  build- 
ing over  five  stories  high,  used  as  warehouses  or  factories,  shall  be  of 
brick.  If  the  inclosure  walls  are  .of  brick,  laid  in  cement  mortar,  and 
not  used  as  bearing  walls,  they  may  be  8  inches  in  thickness  or  not 
more  than  50  feet  of  their  uppermost  height,  and  increasing  in  thickness 
4  inches  for  each  lower  50  feet  portion  or  part  thereof.  Said  walls  or 
construction  shall  extend  through  at  least  3  feet  above  the  roof.  All 
openings  in  the  said  walls  shall  be  provided  with  fireproof  shutters  or 
fireproof  doors,  made  solid  for  3  feet  above  the  floor  level,  except  that 
the  doors  used  for  openings  in  buildings  intended  for  the  occupancy  ©1 
one  family  may  be  of  wood  covered  on  the  inner  surface  and  edges  with 
metal,  not  including  the  openings  in  the  cellar,  nor  above  the  roof  in  any 
such  shaft  walls.  The  roofs  over  all  inclosed  elevators  shall  be  made  of 
fireproof  materials,  with  a  skylight  at  least  three-fourths  the  area  of  t'te 
shaft,  made  of  glass  set  in  iron  frames.  When  the  shaft  does  not  extend 
to  the  ground  the  lower  end  shall  be  inclosed  in  fireproof  material. 

Sec.  97.    Dumb-waiter  Shafts— All  dumb-waiter  shafts,  except  such 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  191 


as  do  not  extend  more  than  three  stories  above  the  cellar  or  basement  in 
dwelling  houses,  shall  be  inclosed  in  suitable  walls  of  brick  or  with  burnt 
clay  blocks,  set  in  iron  frames  of  proper  strength,  or  fireproof  blocks 
strengthened  with  metal  dowels,  or  such  other  hreproof  material  and 
form  of  composition  as  may  be  approved  by  the  Commissioner  of  Build- 
ings having  jurisdiction.  Said  walls  or  construction  shall  extend  at  least 
3  feet  above  the  roof  and  be  covered  with  a  skylight  at  least  three-fourths 
the  area  of  the  shaft,  made  with  metal  frames  and  glazed.  All  openings 
in  the  inclosure  walls  or  construction  shall  be  provided  with  self-closing 
fireproof  doors.  When  the  shaft  does  not  extend  to  the  floor  level  of 
the  lowest  story,  the  bottom  of  the  shaft  shall  be  constructed  of  fireproof 
material. 

Sec.  98.  Elevators  in  Staircase  Inclosures — Open  grillwork  inclosures 
for  passenger  elevators,  not  extending  below  the  level  of  the  first  floor, 
may  be  erected  in  staircase  inclosures  in  buildings  where  the  entire 
space  occupied  by  the  stairs  and  elevators  is  inclosed  in  brick  or  stone 
walls,  and  the  stairs  are  constructed  as  specified  in  Section  53  of  this 
Code. 

Sec.  99.  Elevators  in  Existing  Hotels — In  every  non-fireproof  build- 
ing used  or  occupied  as  a  hotel,  in  which  there  is  an  elevator  not  inclosed 
in  fireproof  shafts,  such  elevator  shall  be  inclosed  in  suitable  walls,  con- 
structed and  arranged  as  in  this  Code  required  for  elevator  shafts. 

Sec.  ico.  Screen  Under  Elevator  Sheaves — Immediately  under  the 
sheaves  at  the  top  of  every  elevator  shaft  in  any  building  shall  be  pro- 
vided and  placed  a  substantial  grating  or  screen  of  iron  or  steel,  of  such 
construction  as  shall  be  approved  by  the  Department  of  Buildings. 

Sec.  101.  Inspection  of  Elevators — The  Commissioners  of  Buildings 
shall  cause  an  inspection  of  elevators  carrying  passengers  or  employees 
to  be  made  at  least  once  every  three  months,  and  shall  make  regulations 
for  the  inspection  of  such  elevators  with  a  view  to  safety,  and  shall  also 
prescribe  suitable  qualifications  for  persons  who  are  placed  in  charge  of 
the  running  of  such  elevators.  The  regulations  shall  require  any  repairs 
found  necessary  to  any  such  elevators  to  be  made  without  delay  by  the 
owner  or  lessee.  In  case  defects  are  found  to  exist  which  endanger  the 
life  or  limb  by  the  continued  use  of  such  elevator,  then,  upon  notice  from 
the  Department  of  Buildings,  the  use  of  such  elevator  shall  cease,  and 
it  shall  not  again  be  used  until  a  certificate  shall  first  be  obtained  from 
said  Department  that  such  elevator  has  been  made  safe.  No  person 
shall  employ  or  permit  any  person  to  be  in  charge  of*  running  any  pas- 
senger elevator  who  does  not  possess  the  qualifications  prescribed  there- 
for. 

Every  freight  elevator  or  lift  shall  have  a  notice  posted  conspicu- 
ously thereon  as  follows:  "Persons  riding  on  this  elevator  do  so  at  their 
own  risk." 


102        ORDINANCES  OF  THE  CITY  OK  XKW  YORK. 


Part  19 — Fire  Appliances,  Fire  Escapes  and  Fireproof 
Shutters  and  Doors. 

Sec.  102.  In  every  building  now  erected,  unless  already  provided 
with  a  3-inch  or  larger  vertical  pipe,  which  exceeds  100  feet  in  height, 
and  in  every  building  hereafter  to  be  erected  exceeding  85  feet  in  height, 
and  when  any  such  building  does  not  exceed  150  feet  in  height,  it  shall 
be  provided  with  a  4-inch  standpipe.  running  from  cellar  to  roof,  with 
one  two-way  3-inch  Siamese  connection,  to  be  placed  on  street  above  curb 
level,  and  one  2^-inch  outlet,  with  hose  attached  thereto  on  each  floor, 
placed  as  near  the  stairs  as  practicable,  and  all  buildings  now  erected, 
unless  already  provided  with  a  3-inch  or  larger  vertical  pipe,  or  hereafter 
to  be  erected,  exceeding  150  feet  in  height,  shall  be  provided  with  an 
auxiliary  fire  apparatus  and  appliances,  consisting  of  water  tank  on  roof, 
or  in  cellar,  standpipes,  hose,  nozzles,  wrenches,  fire  extinguishers,  hooks, 
axes  and  such  other  appliances  as  may  be  required  by  the  Fire  Depart- 
ment— all  to  be  of  the  best  material  and  of  sizes,  patterns  and  regula- 
tion kinds  used  and  required  by  the  Fire  Department.  In  every  such 
building  a  steam  or  electric  pump  and  at  least  one  passenger  elevator 
shall  be  kept  in  readiness  for  immediate  use  by  the  Fire  Department 
during  all  hours  of  the  night  and  day.  including  holidays  and  Sundays. 
The  said  steam  or  electric  pumps,  if  located  in  the  lowest  story,  shall 
be  placed  not  less  than  2  feet  above  the  floor  level.  All  the  wires  and 
cables  which  supply  power  to  the  electric  pumps  shall  be  covered  with 
fireproof  material,  or  protected  in  such  other  manner  as  to  prevent  the 
destruction  or  damage  of  said  cables  and  wires  by  fire.  The  boilers 
which  supply  power  to  the  passenger  elevators  and  steam  or  electric 
pumps,  if  located  in  the  lowest  story,  shall  be  so  surrounded  by  a  dwarf 
brick  wall  laid  in  cement  mortar,  or  other  suitable  permanent  waterproof 
construction,  as  to  exclude  water  to  the  depth  of  2  feet  above  the  floor 
level  from  flowing  into  the  ash  pits  of  said  boilers.  When  the  level  of 
the  floor  of  the  lowest  story  is  above  the  level  of  the  sewer  in  the  street 
a  large  cesspool  shall  be  placed  in  said  floor  and  connected  by  a  4-inch 
cast-iron  drain  pipe  with  the  street  sewer.  Standpipes  shall  not  be  less 
than  6  inches  in  diameter  for  all  buildings  exceeding  150  feet  in  height. 
All  standpipes 'shall  extend  to  the  street  and  there  be  provided  at  or  near 
the  sidewalk  level  with  Siamese  connections.  Said  standpipes  shall 
also  extend  to  the  roof.  Valve  outlets  shall  be  provided  on  each  and 
every  story,  including  the  basement  and  cellar,  and  on  the  roof:  All 
valves,  hose,  tools,  and  other  appliances  provided  for  in  this  section  shall 
be  kept  in  perfect  working  order,  and  once  a  month  the  person  in  charge 
of  -aid  building  shall  make  a  thorough  inspection  of  the  same  t<>  see 
that  all  valves,  hose,  and  other  appliances  are  in  perfect  working  order 
and  ready  for  immediate  use  by  the  Fire  Department.  If  any  of  the  said 
buildings  extend  from  street  to  street,  or  form  an  L  shape,  they  shall 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK'.  193 


be  provided  with  standpipes  for  each  street  frontage.  In  such  buildings 
as  are  used  or  occupied  for  business  or  manufacturing  purposes  there 
shall  be  provided,  in  connection  with  said  standpipe  or  pipes,  2^-inch  per- 
forated iron  pipes  placed  on  and  along  the  ceiling  line  of  each  floor 
below  the  first  floor,  and  extending  to  the  full  depth  of  the  building. 
Said  perforated  pipe  shall  be  provided  with  a  valve  placed  at  or  near  the 
standpipe,  so  that  water  can  be  let  into  same  when  deemed  necessary 
by  the  firemen,  or  in  lieu  of  such  perforated  pipes,  automatic  sprinklers 
may  be  put  in.  When  the  building  is  25  feet  or  less  in  width,  two  lines 
of  perforated  pipe  shall  be  provided  and  one  line  additionally  for  each 
\2l/2  feet  or  part  thereof  that  the  building  is  wider  than  25  feet.  A  suit- 
able ircn  plate  with  raised  letters  shall  be  fastened  to  the  wall  near  said 
standpipe,  to  read :  "This  standpipe  connects  to  perforated  pipes  in  the 
cellar." 

Sec.  103.  Fire  Escapes — Every  dwelling-house  occupied  by  or  built 
to  be  occupied  by  three  or  more  families,  and  every  building  erected,  or 
that  may  hereafter  be  erected,  more  than  three  stories  in  height,  occupied 
and  used  as  a  hotel  or  lodging-house,  and  every  boarding-house  having 
more  than  15  sleeping-rooms  above  the  basement  story,  and  every  fac- 
tory, mill,  manufactory  or  workshop,  hospital,  asylum  or  institution  for 
the  care  or  treatment  of  individuals,  and  every  building  three  stories 
and  over  in  height  used  or  occupied  as  a  store  or  workroom,  and  every 
building  in  whole  or  in  part  occupied  or  used  as  a  school  or  place  of 
instruction  or  assembly,  and  every  office  building  five  stories  or  more  in 
height,  shall  be  provided  with  such  good  and  sufficient  fire  escape,  stair- 
ways or  other  means  of  egress  in  case  of  fire  as  shall  be  directed  by 
the  Department  of  Buildings,  and  said  Department  shall  have  full  and 
exclusive  power  and  authority  within  said  city  to  direct  fire  escapes  and 
other  means  of  egress  to  be  provided  upon  and  within  said  building  or 
any  of  them.  The  owner  or  owners  of  any  building  upon  which  a  fire 
escape  is  erected  shall  keep  the  same  in  good  repair  and  properly  painted. 
No  person  shall  at  any  time  place  any  incumbrance  of  any  kind  whatsoever 
before  or  upon  any  fire  escape,  balcony  or  ladder.  It  shall  be  the  duty 
of  every  fireman  and  policeman  who  shall  discover  any  fire  escape,  bal- 
cony or  ladder  of  any  fire  escape  incumbered  in  any  way  to  forthwith 
report  the  same  to  the  commanding  officer  of  his  company  or  precinct', 
and  such  commanding  officer  shall  forthwith  cause  the  occupant  of  the 
premises  or  apartment  to  which  said'  fire  escape,  balcony  or  ladder  is 
attached,  or  for  whose  use  the  same  is  provided,  to  benotified,  either 
verbally  or  in  writing,  to .  remove  such  incumbrance  and  keep  the  same 
clear.  If  said  notice  shall  not  be  complied  with  by  the  removal  forthwi  1 
of  such  incumbrance,  and  keeping  said  fire  escape,  balcony  or  Iadd<  r 
free  from  incumbrance,  then  it  shall  be  the  duty  of  said  commanding 
officers  to  apply  to  the  nearest  police  magistrate  for  a  warrant  for.  the 
arrest  of  the  occupant  or  occupants  of  the  said  premises  or  apartments 


194        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


of  which  the  fire  escape  forms  a  part,  and  the  said  parties  shall  be 
brought  before  the  said  magistrate,  as  for  a  misdemeanor;  and  on  con- 
viction, the  occupant  or  occupants  of  said  premises  or  apartment  shall  be 
fined  not  more  than  ten  dollars  for  each  offense,  or  may  be  imprisoned 
not  to  exceed  ten  days,  or  both,  in  the  discretion  of  the  court.  In  con- 
structing all  balcony  fire  escapes  the  manufacturer  thereof  shall  securely 
fasten  thereto,  in  a  conspicuous  place,  a  cast-iron  plate  having  suitable 
raised  letters  on  the  same,  to  read  as  follows  :  "Notice — Any  person  plac- 
ing any  incumbrance  on  this  balcony  is  liable  to  a  penalty  of  ten  dollars 
and  imprisonment  for  ten  days." 

All  buildings  requiring  fire  escapes  shall  have  stationary  iron  ladders 
leading  to  the  scuttle  opening  in  the  roof  thereof,  and  all  scuttles  and 
ladders  shall  be  kept  so  as  to  be  ready  for  use  at  all  times.  If  a  bulk- 
head is  used  in  place  of  a  scuttle  it  shall  have  stairs  with  sufficient  guard 
or  hand-rail  leading  to  the  roof.  Iii  case  the  building  shall  be  a  tenement- 
house  the  door  in  the  bulkhead  or  anv  scuttle  shall  at  no  time  be  locked, 
but  may  be  fastened  on  the  inside  by  movable  bolts  or  hooks. 

Sec.  104.  Fireproof  Shutters  and  Doors — Every  building  which  is 
more  than  two  stories  in  height  above  the  curb  level,  except  dwelling 
houses,  hotels,  schoolhouses  and  churches,  shall  have  doors,  blinds  or 
shutters  made  of  iron,  hung  to  iron  hanging  frames  or  to  iron  eyes  built 
into  the  wall,  on  every  exterior  window  and  opening  above  the  first  story 
thereof,  excepting  on  the  front  openings  of  buildings  fronting  on  streets 
which  are  more  than  30  feet  in  width,  or  where  no  other  buildings  are 
within  30  feet  of  such  openings.  The  said  doors,  blinds  or  shutters  may 
be  constructed  of  pine  or  other  soft  wood  of  two  thicknesses  of  matched 
boards  at  right  angles  with  each  other,  and  securely  covered  with  tin  on 
both  sides  and  edges,  with  folded  lapped  joints,  the  nails  for  fastening 
the  same  being  driven  inside  the  lap;  the  hinges  and  bolts  or  latches 
shall  be  secured  or  fastened  to  the  door  or  shutter  after  the  same  has 
been  covered  with  the  tin,  and  such  doors  or  shutters  shall  be  hung 
upon  an  iron  frame  independent  of  the  woodwork  of  the  windows  and 
doors,  or  two  hinges  securely  fastened  in  the  masonry  ;  or  such  frames, 
if  of  wood,  shall  be  covered  with  tin  in  the  same  manner  as  the  doors 
and  shutters.  All  shutters  opening  on  fire  escapes,  and  at  least  one  row. 
vertically,  in  every  three  rows  on  the  front  window  openings  above  the 
first  story  of  any  building,  shall  he  so  arranged  that  they  can  be  readily 
opened  from  the  outside  by  firemen.  All  rolling  iron  or  steel  shutters 
hereafter  placed  in  the  first  story  of  any  building  shall  be  counterbalanced 
so  that  said  rolling  shutters  may  be  readily  opened  by  the  firemen.  No 
building  hereafter  erected  other  than  a  dwelling-house  or  fireproof  build- 
ing shall  have  inside  iron  or  steel  shutters  to  windows  above  the  first 
story.  All  windows  and  openings  above  the  first  story  of  any  building 
may  be  provided  with  other  suitable  protection,  or  may  be  exempted  from 
having  shutters  by  the  Board  of  Buildings  or  the  Board  of  Examiners, 


ORDINANCES  OF  THE  CITY  OF  MEW  YORK.  195 


as  the  case  may  be.  All  buildings  specified  in  this  section  hereafter 
erected  or  altered  having  openings  in  interior  walls  shall  be  provided 
with  suitable  fireproof  doors  where  deemed  necessary  by  the  Commis- 
sioner of  Buildings  having  jurisdiction.  All  occupants  of  buildings  shall 
close  all  exterior  and  interior  fireproof  shutters,  doors  and  blinds  at 
the  close  of  the  business  of  each  day. 

Part  20— Fireproof  Buildings. 

Sec.  105.  Fireproof  Buildings — Every  building  hereafter  erected  or 
altered,  to  ue  used  as  a  hotel,  lodging-house,  school,  theatre,  jail,  police 
station,  hospital,  asylum,  institution  for  the  care  or  treatment  of  persons, 
the  height  of  which  exceeds  35  feet,  excepting  all  buildings  for  which 
specifications  and  plans  have  been  heretofore  submitted  to  and  approved 
by  the  Department  of  Buildings,  and  every  other  building  the  height  of 
which  exceeds  75  feet,  except  as  herein  otherwise  provided,  shall  be 
built  fireproof ;  that  is  to  say,  they  shall  be  constructed  with  walls  of 
brick,  stone,  Portland  cement  concrete,  iron  or  steel,  in  which  wood  beams 
or  lintels  shall  not  be  placed,  and  in  which  the  floors  and  roofs  shall  be 
of  materials  provided  for  in  Section  106  of  this  Code.  The  stairs  and 
staircase  landings  shall  be  built  entirely  of  brick.stone,  Portland  cement 
concrete,  iron  or  steel.  No  woodwork  or  other  inflammable  material 
shall  be  used  in  any  of  the  partitions,  furrings  or  ceilings  in  any  such 
fireproof  buildings,  excepting,  however,  that  when  the  height  of  the 
building  does  not  exceed  twelve  stories  nor  more  than  150  feet,  the  doors 
and  windows  and  their  frames,  the  trims,  the  casings,  the  interior  finish 
when  filled  solid  at  the  back  with  fireproof  material,  and  the  floor  boards 
and  sleepers  directly  thereunder,  may  be  of  wood,  but  the  space  between 
the  sleepers  shall  be  solidly  filled  with  fireproof  materials  and  extend 
up  to  the  under  side  of  the  floor  boards. 

When  the  height  of  a  fireproof  building  exceeds  twelve  stories,  or 
more  than  150  feet,  the  floor  surfaces  shall  be  of  stone,  cement,  rock 
asphalt,  tiling  or  similar  incombustible  material,  or  the  sleepers  and 
floors  may  be  of  wood  treated  by  some  process,  approved  by  the  Board 
of  Buildings,  to  render  the  same  fireproof.  All  outside  window  frames 
and  sash  shall  be  of  metal  or  wood  covered  with  metal.  The  inside 
window  frames  and  sash, 'door,  trim  and  other  interior  finish  may  be 
of  wood  covered  with  metal;  or  wood  treated  by  some  process  ap- 
proved by  the  Board  of  Buildings  to  render  the  same  fireproof. 

All  hall  partitions  or  permanent  partitions  between  rooms  in  fireproof 
buildings  shall  be  built  of  fireproof  material  and  shall  not  be  started  0:1 
wood  sills,  nor  on  wood  floor  boards,  but  be  built  upon  the  fireproof  con- 
struction of  the  floor  and  extend  to  the  fireproof  beam  fitting  above.  The 
tops  of  all  door  and  window  openings  in  such  partitions  shall  be  at  least 
twelve  inches  below  the  ceiling  line. 


ig6        ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  106.  Fireproof  Floors — Fireproof  floors  shall  be  constructed 
with  wrought  iron  or  steel  beams  so  arranged  as  to  spacing  and  length 
of  beams  that  the  load  to  be  supported  by  them,  together  with  the  weights 
of  tUe  materials  used  in  the  construction  of  the  said  floors,  shall  not 
cause  a  greater  deflection  of  the  said  beams  than  one-thirtieth  of  an  inch 
per  foot  of  span  under  the  total  load  and  they  shall  be  tied  together  at 
intervals  of  not  more  than  eight  times  the  depth  of  the  beam.  Between 
the  wrought  iron  or  steel  floor  beams  shall  be  placed  brick  arches  spring- 
ing from  the  lower  flange  of  the  steel  beams.  Said  brick  arches  shall 
be  designed  with  a  rise  to  safely  carry  the  imposed  load,  but  never  less 
than  rJ4  inches  for  each  foot  of  span  between  the  beams,  and  they  shall 
have  a  thickness  of  not  less  than  4  inches  for  spans  of  5  feet  or  less  and 
8  inches  for  spans  over  5  feet,  or  such  thickness  as  may  be  required  by 
the  Board  of  Buildings.  Said  brick  arches  shall  be  composed  of  good, 
hard  brick  or  hollow  brick  of  ordinary  dimensions  laid  to  a  line  on  the 
centres,  properly  and  solidly  bonded,  each  longitudinal  line  of  brick  break- 
ing joints  with  the  adjoining  lines  in  the  same  ring  and  with  the  ring 
under  it  when  more  than  a  4-inch  arch  is  used.  The  brick  shall  be  well 
wet  and  the  joints  under  it  filled  in  solid  with  cement  mortar.  The 
arches  shall  be  well  grouted  and  properly  keyed.  Or  the  space  between 
the  beams  may  be  rilled  in  with  hollow  tile  arches  of  hard-burnt  clay  or 
porous  terra-cotta  of  uniform  density  and  hardness  of  burn.  The  skew- 
backs  shall  be  of  such  form  and  section  as  to  properly  receive  the  thrust 
of  said  arch  and  the  said  arches  shall  be  of  a  depth  and  sectional  area 
to  carry  the  load  to  be  imposed  thereon,  without  straining  the  material 
beyond  its  safe  working  load,  but  said  depth  shall  not  be  less  than  1^4 
inches  for  each  foot  of  span,  not  including  any  portion  of  the  depth  of 
the  tile  projecting  below  the  under  side  of  the  beams,  a  variable  distance 
being  allowed  of  not  over  six  inches  in  the  span  between  the  beams,  if 
the  soffits  of  the  tile  are  straight,  but  if  said  arches  are  segmental,  having 
a  rise  of  not  less  than  1*4  inches  for  each  foot  of  span,  the  depth  of  the 
tile  shall  not  be  less  than  6  inches.  The  joints  shall  be  solidly  filled  with 
cement  mortar  as  required  for  common  brick  arches  and  the  arch  so 
•constructed  that  the  key  block  shall  always  fall  in  the  central  portion. 
The  shells  and  webs  of  all  end  construction  blocks  shall  abut,  one  against 
the  other.  Or  the  space  between  the  beams -may  be  filled  with  arche6 
of  Portland  cement  concrete,  segmental  in  form,  and  which  shall  have 
a  rise  of  not  less  than  1^4  inches  for  each  foot  of  span  between  the 
beams.  The  concrete  shall  not  be  less  than  4  inches  in  thickness  at  the 
crown  of  the  arch  and  shall  be  mixed  in  the  proportions  required  by 
section  18  of  this  Code.  These  arches  shall  in  all  cases  be  reinforced 
and  protected  on  the  under  side  with  corrugated  or  sheet  steel,  steel 
ribs,  or  metal  in  other  forms  weighing  not  less  than  one  pound  per 
square  foot  and  having  no  openings  larger  than  three  inches  square.  Or 
between  the  said  beams  may  be  placed  solid  or  hollow  burnt  clay,  stone, 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


197 


brick,  or  concrete  slabs  in  flat  or  curved  shapes,  concrete  or  may  be  used 
in  composition,  and  any  of  said  materials  may  be  used  in  combination 
with  wire  cloth,  expanded  metal,  wire  strands,  or  wrought  iron  or  steel 
bars,  but  in  any  such  construction  and  as  a  precedent  condition  to  the 
same  being  used,  tests  shall  be  made  as  herein  provided  by  the  man- 
ufacturer thereof  under  the  direction  and  to  the  satisfaction  of  the  Board 
of  Buildings,  and  evidence  of  the  same  shall  be  kept  on  file  in  the  De- 
partment of  Builidngs,  showing  the  nature  of  the  test  and  the  result  of 
the  test.  Such  tests  shall  be  made  by  constructing  within  inclosure  walls 
a  platform  consisting  of  four  rolled  steel  beams,  10  inches  deep,  weigh- 
ing each  25  pounds  per  linear  foot,  and  placed  four  feet  between  the 
centres,  and  connected  by  transverse  tie-rods,  and  with  a  clear  span  of 
14  feet  from  the  two  interior  beams  and  with  two  outer  beams  supported 
on  the  side  walls  throughout  their  length,  and  with  both  a  filling  between 
the  said  beams,  and  a  fireproof  protection  of  the  exposed  parts  of  the 
beams  of  the  system  to  be  tested,  constructed  as  in  actual  practice,  with 
the  quality  of  material  ordinarily  used  in  that  system  and  the  ceiling 
plastered  below,  as  in  a  finished  job;  such  filling  between  the  two  interior 
beams  being  loaded  with  a  distributed  load  of  150  pounds  per  square 
foot  of  its  area  and  all  carried  by  such  tilling;  and  subjecting  the  platform 
so  constructed  to  that  continuous  heat  of  a  wood  fire  below,  averaging 
not  less  than  1,700  degrees  Fahrenheit  for  not  less  than  four  hours, 
during  which  time  the  platform  shall  have  remained  in  such  condition 
that  no  flame  will  have  passed  through  the  platform  or  any  part  of  the 
same,  and  that  no  part  of  the  load  shall  have  fallen  through,  and  that 
the  beams  shall  have  been  protected  from  the  heat  to  the  extent  that 
after  applying  to  the  under  side  of  the  platform  at  the  end  of  the  heat 
test  a  stream  of  water  directed  against  the  bottom  of  the  platform  and 
discharged  through  a  one  and  one-eighth  inch  nozzle  under  60  pounds 
pressure  for  five  minutes,  and  after  flooding  the  top  of  the  platform 
with  water  under  low  pressure,  and  then  again  applying  the  stream  of 
water  through  the  nozzle  under  the  ob-pound  pressure  to  the  bottom  of 
the  platform  for  five  minutes,  and  after  a  total  load  of  600  pounds  per 
square  foot  uniformly  distributed  over  the  middle  bay  shall  have  been 
applied  and  removed,  after  the  platform  shall  have  cooled,  the  maximum 
deflection  of  the  interior  beams  shall  not  exceed  two  and  one-half  inches. 
The  Board  of  Buildings  may  from  time  to  time  prescribe  additional  or 
different  tests  than  the  foregoing  for  systems  of  filling  between  iron  or 
steel  floor  beams,  and  the  protection  of  the  exposed  parts  of  the  beams. 
Any  system  failing  to  meet  the  requirements  of  the  test  of  heat,  water 
and  weight,  as  herein  prescribed,  shall  be  prohibited  from  use  in  any 
building  hereafter  erected.  Duly  authenticated  records  of  the  tests  here- 
tofore made  of  any  system  of  fireproof  floor  filling  and  protection  of 
the  exposed  parts  of  the  beams  may  be  presented  to  the  Board  of  Build- 
ings; and  if  the  same  be  satisfactory  to  said  Board  it  be  accepted  as 


198        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


conclusive.  No  filling  of  any  kind  which  may  be  injured  by  frost  shall 
be  placed  between  said  floor  beams  during  freezing  weather,  and  if  the 
same  is  so  placed  during  any  winter  months,  it  shall  be  temporarily 
covered  with  suitable  material  for  protection  from  being  frozen.  On 
top  of  any  arch,  lintel  or  other  device  which  does  not  extend  to  and 
form  a  horizontal  line  with  the  top  of  the  said  floor  beams,  cinder 
concrete,  or  other  suitable  fireproof  material  shall  be  placed  to  solidly 
fill  up  the  space  to  a  level  with  the  top  of  the  said  floor  beams,  and  shall 
be  carried  to  the  under  side  of  the  wood  floor  boards  in  case  such  be 
used.  Temporary  centering  when  used  in  placing  fireproof  systems  be- 
tween floor  beams,  shall  not  be  removed  within  twenty-four  hours  or 
until  such  time  as  the  mortar  or  material  has  set.  All  fireproof  floor 
systems  shall  be  of  sufficient  strength  to  safely  carry  the  load  to  be 
imposed  thereon  without  straining  the  material  in  any  case  beyond  its 
safe  working  load.  The  bottom  flanges  of  all  wrought  iron  or  rolled 
steel  floor  and  flat  roof  beams,  and  all  exposed  portions  of  such  beams 
below  the  abutments  of  the  floor  arches  shall  be  entirely  incased  with 
hard-burnt  clay,  porous  terra  cotta  or  other  fireproof  material  allowed  to 
be  used  for  the  filling  between  the  beams  under  the  provisions  of  this 
section,  such  incasing  material  to  be  properly  secured  to  the  beams. 

The  exposed  sides  and  bottom  plates  or  flanges  of  wrought  iron  or 
rolled  steel  girders  supporting  iron  of  steel  floor  beams,  or  supporting 
floor  arches  or  floors,  shall  be  entirely  incased  in  the  same  manner. 
Openings  through  fireproof  floors  for  pipes,  conduits  and  similar  pur- 
poses, shall  be  shown  on  the  plans.  After  the  floors  are  constructed 
no  opening  greater  than  eight  inches  square  shall  be  cut  through  said 
floors  unless  properly  boxed  or  framed  around  with  iron.  And  such 
openings  shall  be  filled  in  with  fireproof  material  after  the  pipes  or 
conduits  are  in  place. 

Sec.  107.  Incasing  Interior  Columns — All  cast  iron,  wrought  iron 
or  rolled  steel  columns,  including  the  lugs  and  brackets  on  same,  used 
in  the  interior  of  any  fireproof  building,  or  used  to  support  any  fire- 
proof floor,  shall  be  protected  with  not  less  than  2  inches  of  fireproof 
material,  securely  applied.  The  extreme  outer  edge  of  lugs  and 
brackets  and  similar  supporting  metal  may  project  within  seven- 
eighths  of  an  inch  of  the  surface  of  the  fireproofing. 

Part  21 — Public  Buildings,  Theatres  and  Places  of  Assemblage. 

Sec.  108.  Public  Buildings — In  all  buildings  of  a  public  character, 
such  as  hotels,  churches,  theatres,  restaurants,  railroad  depots,  public 
halls,  and  other  buildings  used  or  intended  to  be  used  for  purposes 
of  public  assembly,  amusement  or  instruction,  and  including  depart- 
ment stores  and  other  business  and  manufacturing  buildings  where 
large  numbers  of  people  are  congregated,  the  halls,  doors,  stairways, 
seats,  passageways  and  aisles,  and  all  lighting  and  heating  appliances 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  199 

and  apparatus  shall  be  arranged  as  the  Department  of  Buildings  shall 
direct  to  facilitate  egress  in  case  of  fire  or  accident,  and  to  afford 
the  requisite  and  proper  accommodation  for  the  public  protection 
in  such  cases.  All  aisles  and  passageways  in  said  buildings  shall  be 
kept  free  from  camp  stools,  chairs,  sofas  and  other  obstructions,  and 
no  person  shall  be  allowed  to  stand  in  or  occupy  any  of  said  aisles 
or  passageways  during  any  performance,  service,  exhibition,  lecture, 
concert,  ball  or  any  public  assemblage.  The  Commissioner  of  Build- 
ings having  jurisdiction  may  at  any  time  serve  a  written  or  printed 
notice  upon  the  owner,  lessee  or  manager  of  any  of  said  buildings 
directing  any  act  or  thing  to  be  done  or  provided  in  or  about  the 
said  buildings  and  the  several  appliances  therewith  connected,  such  as 
halls,  doors,  stairs,  windows,  seats,  aisles,  fire  walls,  fire  apparatus 
and  fire-escapes,  as  he  may  deem  necessary.  Nothing  herein  con- 
tained shall  be  construed  to  authorize  or  require  any  other  alteration 
to  theatres  existing  prior  to  June  9,  1885.  than  are  specified  in  this 
section. 

Sec.  109.  Theatres  and  Places  of  Public  Amusement — Every 
theatre  or  opera  house  or  other  building  intended  to  be  used  for 
theatrical  or  operatic  purposes,  or  for  public  entertainment  of  any 
kind,  hereafter  erected  for  the  accommodation  of  more  than  three 
hundred  persons,  shall  be  built  to  comply  with  the  requirements  of 
this  section.  No  building  which,  at  the  time  of  the  passage  of  this 
Code  is  not  in  actual  use  for  theatrical  or  operatic  purposes,  and  no 
building  hereafter  erected  not  in  conformity  with  the  requirements 
of  this  section,  shall  be  used  for  theatrical  or  operatic  purposes,  or  for 
public  entertainment  of  any  kind,  until  the  same  shall  have  been  made 
to  conform  to  the  requirements  of  this  section.  And  no  building 
hereinbefore  described  shall  be  opened  to  the  public  for  theatrical  or 
operatic  purposes,  or  for  public  entertainment  of  any  kind,  until  the 
Department  of  Buildings  and  the  Fire  Commissioner  shall  have 
approved  the  same  in  writing  as  conforming  to  the  requirements  of 
this  section.  Every  such  building  shall  have  at  least  one  front  on 
the  street,  and  in  such  front  there  shall  be  suitable  means  of  entrance 
and  exit  for  the  audience,  not  less  than  25  feet  in  width.  In  addition 
to  the  aforesaid  entrances  and  exits  on  the  street  there  shall  be  re- 
served for  service  in  case  of  an  emergency  an  open  court  or  space  in 
the  rear  and  on  the  side  not  bordering  on  the  street,  where  said 
building  is  located  on  a  corner  lot;  and  in  the  rear  and  on  both  sides 
of  said  building,  where  there  is  but  one  frontage  on  the  street  as 
hereinafter  provided.  The  width  of  such  open  court  or  courts  shall  be 
not  less  than  10  feet  where  the  seating  capacity  is  not  over  one  thou- 
sand people,  above  one  thousand  and  not  more  than  eighteen  hundred 
people,  12  feet  in  width,  and  above  eighteeen  hundred  people,  14  feet 


200 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


in  width.  Said  open  court  or  courts  shall  extend  the  full  length  and 
height  of  the  building  and  across  on  each  side  and  near  thereof  whexe 
its  sides  or  side  does  not  abut  on  the  street  or  alley,  and  shall  be  of 
the  same  width  at  all  points,  and  exits  hereafter  specified  shall  lead 
into  open  courts.  During  the  performance  the  doors  or  gates  in  the 
corridors  shall  be  kept  open  by  proper  fastenings;  at  other  times  they 
may  be  closed  and  fastened  by  movable  bolts  or  blocks.  The  said  open 
courts  and  corridors  shall  not  be  used  for  storage  purposes,  or  for  any 
purposes  whatsoever  except  for  exit  ami  entrance  from  and  to  the  audi- 
torium and  stage,  and  must  be  kept  free  and  clear  during  perfor- 
mances. The  level  of  said  corridors  at  the  front  entrance  to  the  build- 
ing shall  be  not  greater  than  the  one  step  above  the  level  of  the  side- 
walk where  they  begin  at  the  street  entrance.  The  entrance  of  the 
main  front  of  the  building  shall  not  be  on  a  higher  level  from  the  side- 
walk than  four  steps,  unless  approved  by  the  Department  of  Build- 
ings. To  overcome  any  difference  of  level  in  and  between  courts,  cor- 
ridors, lobbies,  passages  and  aisles  on  the  ground  floor,  gradients  shall 
be  employed  of  not  over  I  foot  in  12  feet,  with  no  perpendicular  rises. 
From  the  auditorium  openings  into  the  said  open  courts  or  on  the  side 
street,  there  shall  be  not  less  than  two  exits  on  each  side  in  each  tier 
from  and  including  the  parquet  and  each  and  every  gallery.  Each  exit 
shall  be  at  least  5  feet  in  width  in  the  clear  and  provided  with  doors 
or  iron  or  wood;  if  of  wood,  the  doors  shall  be  constructed  as  herein- 
before in  this  Code  described.  All  of  said  doors  shall  open  outwardly, 
and  shall  be  fastened  with  movable  bolts  to  be  kept  drawn  during  per- 
formances. There  shall  be  balconies  not  less  than  6  feet  in  width  in 
said  court  or  courts  at  each  level  or  tier  above  the  parquet,  on  each 
side  of  the  auditorium,  of  sufficient  length  to  embrace  the  two  exits, 
and  from  said  balconies  there  shall  be  staircases  extending  to  the 
ground  level,  with  a  rise  of  not  over  8  1-2  inches  to  a  step  and  not  less 
than  9  inches  tread,  exclusive  of  the  nosing.  The  staircase  from  the 
upper  balcony  to  the  next  below  shall  not  be  less  than  48  inches  in 
width  clear,  and  from  the  first  balcony  to  the  ground  4  fe*et  in  width 
in  the  clear  where  the  seating  capacity  of  the  auditorium  is  for  one 
thousand  people  or  less,  4  feet  6  inches  in  the  clear  where  above  one 
thousand  and  not  more  than  eighteen  hundred  people,  and  5  feet  in 
the  clear  where  above  eighteen  hundred  people  and  not  more  than 
twenty-five  hundred  people,  and  not  over  5  feet  6  inches  in  the  clear 
where  above  twenty-five  hundred  people.  All  the  before-mentioned 
balconies  and  staircases  shall  be  constructed  of  iron  throughout,  in- 
cluding the  floors,  and  of  ample  strength  to  sustain  the  load  to  be  car- 
ried by  them,  and  they  shall  be  covered  with  a  metal  hood  or  awning, 
to  be  constructed  in  such  manner  as  shall  be  approved  by  the  Depart- 
ment of  Buildings.    Where  one  side  of  the  building  borders  on  the 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


street,  there  shall  be  balconies  and  staircases  of  like  capacity  and  kind 
as  before  mentioned,  carried  to  the  ground.  When  located  on  a  corner 
lot,  that  portion  of  the  premises  bordering  on  the  side  street  and  not 
required  for  the  uses  of  the  theatre  may,  if  such  portion  be  not  more 
than  25  feet  in  width,  be  used  for  offices,  stores  or  apartments,  pro- 
vided the  walls  separating  this  portion  from  the  theatre  proper  are 
carried  up  solidly  to  and  through  the  roof,  and  that  a  fireproof  exit 
opening  on  opposite  sides  in  each  tier,  equal  to  the  combined  width 
of  exits  opening  on  opposite  sides  in  each  tier,  communicating  with 
the  balconies  and  staircases  leading  to  the  street  in  manner  provided 
elsewhere  in  this  section;  said  exit  passage  shall  be  entirely  cut  off  by 
brick  walls  from  said  offices,  stores  or  apartments,  and  the  floors  and 
ceilings  in  each  tier  shall  be  fireproof.  Nothing  herein  contained  shall 
prevent  a  roof  garden,  art  gallery  or  rooms  for  similar  purposes  being 
placed  above  a  theatre  or  public  building,  provided  the  floor  of  the 
same  forming  the  roof  over  such  theatre  or  building  shall  be  con- 
structed of  iron  or  steel  and  fireproof  materials,  and  that  said  floor 
shall  have  no  covering  boards  or  sleepers  of  wood,  but  be  of  tile  or 
cement.  Every  roof  over  said  garden  or  rooms  shall  have  all  sup- 
ports and  rafters  of  iron  or  steel,  and  be  covered  with  glass  or  fire- 
proof materials,  or  both,  but  no  such  roof  garden,  art  gallery  or 
room  for  any  public  purpose  shall  be  placed  over  or  above  that  portion 
of  any  theatre  or  other  building  which  is  used  as  a  stage.  No  work- 
shop, storage  or  general  property  room  shall  be  allowed  above  the 
auditorium  or  stage,  or  under  the  same,  or  in  any  of  the  fly  galleries. 
All  of  said  rooms  or  shops  may  be  located  in  the  rear  or  at  the  side 
of  the  stage,  but  in  such  cases  they  shall  be  separated  from  the  stage 
by  a  brick  wall,  and  the  openings  leading  into  said  portions  shall  have 
fireproof  doors  on  each  side  of  the  openings,  hung  to  iron  eyes  built 
into  the  wall.  No  portion  of  any  building  hereafter  erected  or  altered, 
used  or  intended  to  be  used  for  theatrical  or  other  purposes  as  in  this 
section  specified  shall  be  occupied  or  used  as  a  hotel,  boarding  or  lodg- 
ing house,  factory,  workshop  or  manufactor}'  or  for  storage  purposes, 
except  as  may  be  hereafter  specially  provided  for.  Said  restriction 
relates  not  only  to  that  portion  of  the  building  which  contains  the 
auditorium  and  the  stage,  but  applies  also  to  the  entire  structure  in 
conjunction  therewith.  No  store  or  room  contained  in  the  building, 
or  the  offices,  stores  or  apartments  adjoining,  as  aforesaid,  shall  be 
let  or  used  for  carrying  on  any  business,  dealing  in  any  articles  desig- 
nated hazardous  in  the  classification  of  the  New  York  Board  of  Fire 
Underwriters,  or  for  manufacturing  purposes.  No  lodging  accom- 
modations shall  be  allowed  in  any  part  of  the  building  communicating 
with  the  auditorium.  Interior  walls  built  of  fireproofing  materials 
shall  separate  the  auditorium  from  the  entrance  vestibule,  and  from 


202 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


any  room  or  rooms  over  the  same,  also  from  lobbies,  corridors,  re- 
freshment or  other  rooms.  All  staircases  for  the  use  of  the  audience 
shall  be  inclosed  with  walls  of  brick,  or  of  fireproof  materials  ap- 
proved by  the  Department  of  Buildings,  in  the  stories  through  which 
they  pass,  and  the  openings  to  said  staircases  from  each  tier  shall  be 
the  full  width  of  said  staircase.  No  door  shall  open  immediately  upon 
a  flight  of  stairs,  but  a  landing  at  least  the  width  of  the  door  shall  be 
provided  between  such  stairs  and  such  door.  A  firewall,  built  of  brick, 
shall  separate  the  auditorium  from  the  stage.  The  same  shall  extend 
at  least  4  feet  above  the  stage  roof,  or  the  auditorium  roof,  if  the  latter 
be  the  higher,  and  shall  be  coped.  Above  the  proscenium  opening 
there  shall  be  an  iron  girder  of  sufficient  strength  to  safely  support 
the  load  above,  and  the  same  shall  be  covered  with  fireproof  materials 
to  protect  it  from  the  heat.  Should  there  be  constructed  an  orches- 
tra over  the  stage,  above  the  proscenium  opening,  the  said  orchestra 
shall  be  placed  on  the  auditorium  side  of  the  proscenium  fire  wall 
and  shall  be  entered  from  the  auditorium  side  of  said  wall.  The 
molded  frame  around  the  proscenium  shall  be  formed  entirely  of  fire- 
proof materials;  and  if  metal  be  used,  the  metal  shall  be  filled  in  solid 
with  non-combustible  material  and  securely  anchored  to  the  wall  with 
iron.  The  proscenium  opening  shall  be  provided  with  a  fireproof 
metal  curtain,  or  a  curtain  of  asbestos  or  other  fireproof  material  ap- 
proved by  the  Department  of  Buildings,  sliding  at  each  end  within 
iron  grooves,  securely  fastened  to  the  brick  wall  and  extending  into 
such  grooves  to  a  depth  not  less  than  6  inches  on  each  side  of  the 
opening.  Said  fireproof  curtain  shall  be  raised  at  the  commencement 
of  each  performance  and  lowered  at  the  close  of  said  performance, 
and  be  operated  by  approved  machinery  for  that  purpose.  The  pro- 
scenium curtains  shall  be  placed  at  least  3  feet  distant  from  the  foot- 
lights at  the  nearest  point.  No  doorway  or  opening  through  the  pro- 
scenium wall,  from  the  auditorium,  shall  be  allowed  above  the  level 
of  the  first  floor,  and  such  first  floor  openings  shall  have  fireproof 
doors  on  each  face  of  the  wall,  and  the  doors  shall  be  hung  so  as  to 
be  opened  from  either  side  at  all  times.  There  shall  be  provided 
over  the  stage,  metal  skylights  of  an  area  or  combined  area  of  at  least 
one-eighth  the  area  of  said  stage,  fitted  up  with  sliding  sash  and  glazed 
with  double  thick  sheet  glass  not  exceeding  one-twelfth  of  an  inch 
thick,  and  each  pane  thereof  measuring  not  less  than  300  square  inches 
and  the  whole  of  which  skylight  shall  be  so  constructed  as  to  open 
instantly  on  the  cutting  or  burning  of  a  hempen  cord  which  shall  be 
arranged  to  hold  said  skylight  closed,  or  some  other  equally  simple 
approved  device  for  opening  them  may  be  provided.  Immediately 
underneath  the  glass  of  said  skylights  there  shall  be  wire  netting,  but 
wire  glass  shall  not  be  used  in  lieu  of  this  requirement.    All  that  por- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


20J 


tion  of  the  stage  not  comprised  in  the  working  of  scenery,  traps  and 
other  mechanical  apparatus  for  the  presentation  of  a  scene,  usually 
equal  to  the  width  of  the  proscenium  opening,  shall  be  built  of  iron 
or  steel  beams  filled  in  between  with  fireproof  material,  and  all  gird- 
ers for  the  support  of  said  beams  shall  be  of  wrought  iron  or  rolled 
steel.  The  fly-galleries  entire,  including  pin-rails,  shall  be  constructed 
of  iron  or  steel,  and  the  floors  of  said  galleries  shall  be  composed  of 
iron  or  steel  beams,  filled  with  fireproof  material,  and  no  wood  boards 
or  sleepers  shall  be  used  as  covering  over  beams,  but  the  said  floors 
shall  be  entirely  fireproof.  The  rigging  loft  shall  be  fireproof.  All 
stage  scenery,  curtains  and  decorations  made  of  combustible  material, 
and  all  woodwork  on  or  about  the  stage,  shall  be  painted  or  satu- 
rated with  some  non-combustible  material  or  otherwise  rendered  safe 
against  fire,  and  the  finishing  coats  of  paint  applied  to  all  woodwork 
throughout  the  entire  building  shall  be  of  such  kind  as  will  resist  fire 
to  the  satisfaction  of  the  Department  of  Buildings.  The  roof  over  the 
auditorium  and  the  entire  main  floor  of  the  auditorium  and  vestibule, 
also  the  entire  floor  of  the  second  story  of  the  front  superstructure 
over  the  entrance,  lobby  and  corridors,  and  all  galleries  and  supports 
for  the  same  in  the  auditorium  shall  be  constructed  of  iron  or  steel 
and  fireproof  materials,  not  excluding  the  use  of  wood  floorboards 
and  necessary  sleepers  to  fasten  the  same  to,  but  such  sleepers  shall 
not  mean  timbers  of  support,  and  the  space  between  the  sleepers,  ex- 
cepting a  portion  under  the  stepping  in  the  galleries,  which  shall  be 
properly  fire  stopped,  shall  be  solidly  filled  with  incombustible  ma- 
terial up  to  under  side  of  the  floor  boards.  The  fronts  of  each  gallery 
shall  be  formed  of  fireproof  materials,  except  the  capping,  which 
may  be  made  of  wood.  The  ceiling  under  each  gallery  shall  be  en- 
tirely formed  of  fireproof  materials.  The  ceiling  by  the  auditorium 
shall  be  formed  of  fireproof  materials.  All  lathing,  whenever  used, 
shall  be  of  wire  or  other  metal.  The  partitions  in  that  portion  of 
the  building  which  contains  the  auditorium,  the  entrance  and  vesti- 
bule and  every  room  and  passage  devoted  to  the  use  of  the  audience 
shall  be  constructed  of  fireproof  materials,  including  the  furring  of 
outside  or  other  walls.  None  of  the  walls  or  ceilings  shall  be  covered 
with  wood  sheathing,  canvas  or  any  combustible  material.  But  this 
shall  not  exclude  the  use  of  wood  wainscoting  to  a  height  not  to  ex- 
ceed 6  feet,  which  shall  be  filled  in  solid  between  the  wainscoting  and 
the  wall  with  fireproof  materials.  The  walls  separating  the  actors' 
dressing  rooms  from  the  stage  and  the  partitions  dividing  the  dress- 
ing rooms  together  with  the  partitions  of .  every  passageway  from 
the  same  to  the  stage,  and  all  other  partitions  on  or  about  the  stage, 
shall  be  constructed  of  fireproof  material. approved  by  the  Department 
of  Buildings.    All  doors"in  any  of  said  partitions  shall  be  fireproof. 


204 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


All  shelving  and  cupboards  in  each  and  every  dressing  room,  prop- 
erty room  or  other  storage  rooms  shall  be  constructed  of  metal,  slate 
or  some  fireproof  material.  Dressing  rooms  may  be  placed  in  the 
fly  galleries,  provided  that  proper  exits  are  secured  therefrom  to  the 
fire  escapes  in  the  open  courts,  and  that  the  partitions  and  other  mat- 
ters pertaining  to  dressing  rooms  shall  conform  to  the  requirements 
herein  contained,  but  the  stairs  leading  to  the  same  shall  be  fireproof. 
All  dressing  rooms  shall  have  an  independent  exit  leading  into  a  court 
or  street,  and  shall  be  ventilated  by  windows  in  the  external  walls 
and  no  dressing  room  shall  be  below  the  street  level.  All  windows 
shall  be  arranged  to  open,  and  none  of  the  windows  in  the  outside 
wralls  shall  have  fixed  sashes,  iron  grills  or  bars.  All  seats  in  the  au- 
ditorium excepting  those  contained  in  boxes,  shall  be  not  less  than 
32  inches  from  back  to  back,  measured  in  a  horizontal  direction,  and 
firmly  secured  to  the  floor.  No  scat  in  the  auditorium  shall  have 
more  than  six  seats  intervening  between  it  and  an  aisle  on  either  side. 
No  stool  or  seat  shall  be  placed  in  any  aisle.  All  platforms  in  galle- 
ries formed  to  receive  the  seat  shall  not  be  more  than  21  inches  in 
height  or  riser,  nor  less  than  32  inches  in  width  of  platform.  All  aisles 
on  the  respective  floors  of  the  auditorium  shall  be  not  less  than  3 
feet  wide  where  they  begin,  and  shall  be  increased  in  width  toward 
the  exits  in  a  ratio  of  1  1-2  inches  to  5  running  feet.  The  foyers,  lob- 
bies, corridors,  passages  and  rooms  for  the  use  of  the  audience,  not 
including  aisles  spaced  between  seats,  shall,  on  the  first  or  main 
floor,  where  the  seating  capacity  exceeds  five  hundred  or  more,  be  at 
least  16  feet  clear,  back  of  the  last  row  of  seats,  and  on  each  balcony 
or  gallery  at  least  12  feet  clear  of  the  last  row  of  seats.  Gradients 
or  inclined  planes  shall  be  employed  instead  of  steps  where  possible 
to  overcome  slight  difference  or  level  in  or  between  aisles,  corridors 
and  passages.  Every  theatre  accommodating  three  hundred  persons 
shall  have  at  least  two  exits;  when  accommodating  five  hundred  per- 
sons, at  least  three  exits  shall  be  provided;  these  exits  not  referring 
to  or  including  the  exits  to  the  open  court  at  the  side  of  the  theatre. 
Doorways  of  exit  or  entrance  for  the  use  of  the  public  shall  be  not 
less  than  5  feet  in  width,  and  for  every  additional  one  hundred  per- 
sons or  portions  thereof  to  be  accommodated,  in  excess  of  five  hun- 
dred, an  aggregate  of  20  inches  additional  exit  width  must  be  allowed 
All  doors  of  exit  or  entrance  shall  open  outwardly  and  be  hung  to 
swing  in  such  a  manner  as  not  to  become  an  obstruction  in  a  pass- 
age or  corridor,  and  no  such  doors  shall  be  closed  and  locked  during 
any  representation,  or  when  the  building  is  open  to  the  public.  Dis- 
tinct and  separate  places  of  exit  and  entrance  shall' be  provided  for 
■each  gallery  above  the  first.  A  common  place  of  exit  and  entrance  may 
serve  for  the  main  floor  of  the  auditorium  and  the  first  gallery,  pro- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


205 


vided  its  capacity  be  equal  to  the  aggregate  capacity  of  the  outlets 
from  the  main  floor  and  the  said  gallery.  No  passage  leading  to  any 
stairway  communicating  with  any  entrance  or  exit  shall  be  less  than 
4  feet  in  width  in  any  part  thereof.  All  stairs  within  the  building  shall 
be  constructed  of  fireproof  materal  throughout.  Stairs  from  balconies 
and  galleries  shall  not  communicate  with  the  basement  or  cellar.  All 
stairs  shall  have  treads  of  uniform  width  and  risers  of  uniform  height 
throughout  in  each  flight.  Stairways  serving  for  the  exit  of  fifty 
people  shall  be  at  least  4  feet  wide  between  railing,  or  between  walls, 
and  for  every  additional  fifty  people  to  be  accommodated  6  inches 
must  be  added  to  their  width.  The  width  of  all  stairs  shall  be  meas- 
ured in  the  clear  between  hand  rails.  In  no  case  shall  the  risers  of 
any  stairs  exceed  7  1-2  inches  in  height,  nor  shall  the  treads,  exclu- 
sive of  nosings,  be  less  than  10  1-2  inches  wide  in  straight  stairs.  No 
circular  or  winding  stairs  for  the  use  of  the  public  shall  be  permitted. 
Where  the  seating  capacity  is  for  more  than  one  thousand  people, 
there  shall  be  at  least  two  independent  staircases,  with  direct  exterior 
outlets,  provided  for  each  gallery  in  the  auditorium,  where  there  are 
not  more  than  two  galleries,  and  the  same  shall  be  located  on  oppo- 
site sides  of  said  galleries.  Where  there  are  more  than  two  galleries 
one  or  more  additional  staircases  shall  be  provided,  the  outlets  from 
which  shall  communicate  directly  with  the  principal  exit  or  other 
outlets  All  said  staircases  shall  be  of  width  proportionate  to  the 
seating  capacity  as  elsewhere  herein  prescribed  Where  the  seating 
capacity  is  for  1,000  people,  or  less,  two  direct  lines  of  staircases  only 
shall  be  required,  located  on  opposite  sides  of  the  galleries,  and  in 
both  cases  shall  extend  from  the  sidewalk  level  to  the  upper  gallery, 
with  outlets  from  each  gallery  to  each  of  said  staircases  At  least 
two  independent  staircases,  with  direct  exterior  outlets,  shall  also 
be  provided  for  the  service  of  the  stage  and  shall  be  located  on  the 
opposite  sides  of  the  same.  All  inside  stairways  leading  to  the  upper, 
galleries  of  the  auditorium  shall  be  inclosed  on  both  sides  with  walls 
of  fireproof  materials.  Stairs  leading  to  the  first  or  lower  gallery 
may  be  left  open  on  one  side,  in  which  case  they  shall  be  constructed 
as  herein  provided  for  similar  stairs  leading  from  the  entrance  hall 
to  the  main  floor,  of  the  auditorium.  But  in  no  case  shall  stairs  leading, 
to  any  gallery  be  left  open  on  both  sides.  When  straight  stairs  re- 
turn directly  on  themselves,  a  landing  of  the  full  width  of  both  flights 
without  any  steps,  shall  be  provided.  The  outer  line  of  landings  shall, 
be  curved  to  a  radius  of  not  less  than  2  feet,  to  avoid  angles.  Stairs 
turning  at  an  angle  shall  have  a  proper  landing  without  winders  intro- 
duced at  said  turn.  In  stairs,  when  two  side  flights  connect  with  one, 
main  flight  no  winders  shall  be  introduced,  and  the  width  of  the 
main  flight  shall  be  at  least  equal  to  the  aggregate  width  of  the  side^ 


2o6        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


flights.  All  stairs  shall  have  proper  landings  introduced  at  convenient 
distances.  All  inclosed  staircases  shall  have,  on  both  sides,  strong 
hand  rails  firmly  secured  to  the  wall  about  3  inches  distant  therefrom 
and  about  3  feet  above  the  stairs,  but  said  hand  rails  shall  not  run  on 
level  platforms  and  landings  where  the  same  is  more  than  the  width 
of  the  stairs.  All  staircases  8  feet  and  over  in  width  shall  be  provided 
with  a  centre  hand  rail  of  metal,  not  less  than  2  inches  in  diameter, 
placed  at  a  height  of  about  3  feet  above  the  centre  of  the  treads,  and 
supported  on  wrought  metal  or  brass  standards  of  sufficient  strength, 
placed  not  nearer  than  4  feet  nor  more  than  6  feet  apart,  and  securely 
bolted  to  the  treads  or  risers  of  stairs,  or  both,  and  at  the  head  of 
each  flight  of  stairs,  on  each  landing,  the  post  or  standard  shall  be 
6  feet  in  height,  to  which  the  rail  shall  be  secured.  Every  steam 
boiler  which  may  be  required  for  heating  or  other  purposes  shall  be 
located  outside  of  the  building,  and  the  space  allotted  to  the  same 
shall  be  inclosed  by  walls  of  masonry  on  all  sides,  and  the  ceiling  of 
such  space  shall  be  constructed  of  fireproof  materials.  All  doorways 
in  said  walls  shall  have  fireproof  doors.  No  floor  register  for  heating 
shall  be  permitted.  Xo  coil  or  radiator  shall  be  placed  in  any  aisle  or 
passageway  used  as  an  exit,  but  all  said  coils  and  radiators  shall  be 
placed  in  recesses  formed  in  the  wall  or  partition  to  receive  the  same. 
All  supply,  return  or  exhaust  pipes  shall  be  properly  incased  and  pro- 
tected where  passing  through  doors  or  near  woodwork.  Standpipes 
4  inches  in  diameter  shall  be  provided  with  hose  attachments  on  every 
floor  and  gallery  as  follows:  One  on  each  side  of  the  auditorium  in 
each  tier,  also  on  each  side  of  the  stage  in  each  tier,  and  at  least  one 
in  the  property  room  and  one  in  the  carpenter's  shop,  if  the  same  be 
contiguous  to  the  building.  All  such  standpipes  shall  be  kept  clear 
from  obstruction.  Said  standpipes  shall  be  separate  and  distinct,  re- 
ceiving their  supply  of  water  direct  from  the  power  pump  or  pumps, 
and  shall  be  fitted  with  the  regulation  couplings  of  the  Fire  Depart- 
ment, and  shall  be  kept  constantly  filled  with  water  by  means  of  an 
automatic  power  pump  or  pumps,  of  sufficient  capacity  to  supply  all 
the  lines  of  hose  when  operated  simultaneously,  and  said  pump  or 
pumps  shall  be  supplied  from  the  street  main  and  be  ready  for  im- 
mediate use  at  all  times  during  the  performance  in  said  building.  In 
addition  to  the  requirements  contained  in  this  section,  the  standpipes 
shall  also  conform  to  the  requirements  contained  in  section  102  of  this 
Code.  A  separate  and  distinct  system  of  automatic  sprinklers,  with 
fusible  plugs,  approved  by  the  Department  of  Buildings,  supplied  with 
water  from  a  tank  located  on  the  roof  over  the  stage  and  not  con- 
nected in  any  manner  with  the  standpipes,  shall  be  placed  each  side 
of  the  proscenium  opening  and  on  the  ceiling  or  roof  over  the  stagie 
at  such  intervals  as  will  protect  every  square  foot  of  stage  surface 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


207 


when  said  sprinklers  are  in  operation.  Automatic  sprinklers  shall 
also  be  placed,  wherever  practicable,  in  the  dressing  rooms,  under 
the  stage  and  in  the  carpenter  shop,  paint  rooms,  store  rooms  and 
property  room.  A  proper  and  sufficient  quantity  of  two  and  one- 
half  inch  hose,  not  less  than  100  feet  in  length,  fitted  with  the  regu- 
lation couplings  of  the  Fire  Department  and  with  nozzles  attached 
thereto,  and  with  hose  spanners  at  each  outlet,  shall  always  be  kept 
attached  to  each  hose  attachment  as  the  Fire  Commissioner  may  di- 
rect. There  shall  also  be  kept  in  readiness  for  immediate  use  on  the 
stage,  at  least  four  casks  full  of  water,  and  two  buckets  to  each  cask. 
Said  casks  and  buckets  shall  be  painted  red.  There  shall  also  be  pro- 
vided hand  pumps  or  other  portable  fire  extinguishing  apparatus  and 
at  least  four  axes  and  two  25-foot  hooks,  two  15-foot  hooks,  and  two 
10-foot  hooks  on  each  tier  or  floor  of  the  stage.  Every  portion  of  the 
building  devoted  to  the  uses  or  accommodation  of  the  public,  also  all 
outlets  leading  to  the  streets  and  including  the  open  courts  or  corri- 
dors, shall  be  well  and  properly  lighted  during  every  performance, 
and  the  same  shall  remain  lighted  until  the  entire  audience  has  left 
the  premises.  All  gas  or  electric  lights  in  the  halls,  corridors,  lobby 
or  any  other  part  of  said  buildings  used  by  the  audience,  except  the 
auditorium,  must  be  controlled  by  a  separate  shut-off.  located  in  the 
lobby  and  controlled  only  in  that  particular  place.  Gas  mains  supply- 
ing the  building  shall  have  independent  connections  for  the  auditorium 
and  the  stage,  and  provision  shall  be  made  for  shutting  off  the  gas 
from  the  outside  of  the  building.  When  interior  gas  lights  are  not 
lighted  by  electricity  other  suitable,  appliances,  to  be  approved  by 
the  Department  of  Buildings,  shall  be  provided.  All  suspended  or 
bracket  lights  surrounded  by  glass  in  the  auditorium,  or  in  any  part 
of  the  building  devoted  to  the  public,  shall  be  provided  with  proper 
wire  netting  underneath.  No  gas  or  electric  light  shall  be  inserted  in 
the  walls,  woodwork,  ceilings  or  in  any  part  of  the  building,  unless 
protected  by  fireproof  materials.  All  lights  in  passages  and  corridors 
in  said  buildings,  and  wherever  deemed  necessary  by  the  Department 
of  Buildings,  shall  be  protected  with  proper  wire  net  work.  The  foot- 
lights in  addition  to  the  wire  net  work  shall  be  protected  with  a 
strong  wire  guard  and  chain,  placed  not  less  than  two  feet  distant  from 
said  footlights,  and  the  trough  containing  said  footlights,  shall  be 
formed  of  and  surrounded  by  fireproof  materials.  All  border  lights 
shall  be  constructed  according  to  the  best  known  methods,  and  sub- 
ject to  the  approval  of  the  Department  of  Buildings,  and  shall  be  sus- 
pended for  10  feet  by  wire  rope.  All  ducts  or  shafts  used  for  conduct- 
ing heated  air  from  the  main  chandelier,  or  from  any  other  light  or 
lights,  shall  be  constructed  of  metal  and  made  double,  with  an  air 
space  between.    All  stage  lights  have  strong    metal  wire  guards  or 


208 


ORDINANCES  OF  THE  CJTV  OF  NEW  YORK. 


screens,  not  less  than  10  inches  in  diameter,  so  constructed  that  any 
material  in  contact  therewith  shall  be  out  of  reach  of  the  said  stage 
lights,  and  must  be  soldered  to  the  fixtures  in  all  cases.  The  stand- 
pipes,  gas  pipes,  electric  wires,  hose,  footlights  and  all  apparatus  for 
the  extinguishing  of  fire  or  guarding  against  the  same,  as  in  this  sec- 
tion specified,  shall  be  in  charge  and  under  control  of  the  Fire  Depart- 
ment, and  the  Commissioner  of  said  Department  is  hereby  directed 
to  see  that  the  arrangements  in  respect  thereto  are  carried  out  and  en- 
forced. A  diagram  or  plan  of  each  tier,  gallery  or  floor,  showing 
distinctly  the  exits  therefrom,  each  occupying  a  space  not  less  than 
15  square  inches,  shall  be  printed  in  black  lines  in  a  legible  manner 
on  the  programme  of  the  performance.  Every  exit  shall  have  over  the 
same  on  the  inside  the  word  "  Exit  "  painted  in  legible  letters  not  less 
than  8  inches  high.  , 

Sec.  109a.  The  provisions  of  the  foregoing  section  shall  not  be 
construed  to  mean  or  made  to  apply  to  any  theatre,  opera  house  or 
building  intended  to  be  used  for  theatrical  or  operatic  purposes,  now 
erected  or  for  which  plans  have  heretofore  been  approved  by  the  Su- 
perintendent of  Buildings. 

Part  22 — Iron  and  Steel  Construction. 

Sec.  no.  Skeleton  Construction — Where  columns  are  used  to 
support  iron  or  steel  girders  carrying  inclosure  walls,  the  said  col- 
umns shall  be  of  cast  iron,  wrought  iron,  or  rolled  steel,  and  on  their 
exposed  outer  and  inner  surfaces  be  constructed  to  resist  fire  by  hav- 
ing a  casing  of  brickwork  not  less  than  8  inches  in  thickness  on  the 
cuter  surfaces,  nor  less  than  4  inches  in  thickness  on  the  inner  sur- 
faces, and  all  bonded  into  the  brickwork  of  the  inclosure  walls.  The 
exposed  sides  of  the  iron  or  steel  girders  shall  be  similarly  covered  in 
with  brickwork  not  less  than  four  inches  in  thickness  on  the  outer 
surfaces  and  tied  and  bonded,  but  the  extreme  outer  edge  of  the 
flanges  or  beams,  or  plates  or  angles  connected  to  the  beams,  may 
project  to  within  2  inches  of  the  outside  surface  of  the  brick  casing, 
the  inside  surfaces  of  girders  may  be  similarly  covered  with  brick- 
work, or  if  projecting  inside  of  the  wall,  they  shall  be  protected  by 
terra  cotta,  concrete  or  other  fireproof  material.  Girders  for  the  sup- 
port of  the  inclosure  walls  shall  be  placed  at  the  floor  line  of  each 
story. 

Sec.  in.  Steel  and  Wrought  Iron  Columns — No  part  of  a  steel 
or  wrought  iron  column  shall  be  less  than  one-quarter  of  an  inch  thick. 
No  wrought  iron  or  rolled  steel  column  shall  have  an  unsupported 
length  of  more  than  forty  times  its  least  lateral  diameter,  except  as 
modified  by  section  138  of  this  Code,  and  also  except  in  such  cases 
"as  the  Commissioners  of  Buildings  may  specially  allow  a  greater  uri- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


209 


supported  length.  The  ends  of  all  columns  shall  be  faced  to  a  plane 
surface  at  right  angles  to  the  axis  of  the  columns  and  the  connection 
between  them  shall  be  made  with  splice  plates-  The  joint  may  be 
effected  by  rivets  of  sufficient  size  and  number  to  transmit  the  entire 
stress,  and  then  the  splice  plates  shall  be  equal  in  sectional  area  to 
the  area  of  column  spliced.  When  the  section  of  the  columns  to  be 
spliced  is  such  that  spliced  plates  cannnot  be  used,  a  connection 
of  plates  and  angels  may  be  used,  designed  to  properly  distribute  the 
stress.  No  material,  whether  in  the  body  of  the  column  or  used  as 
lattice  bar  or  stay  plate,  shall  be  used  in  any  wrought  iron  or  steel 
column  of  less  thickness  than  one  thirty-second  of  its  unsupported 
width,  measured  between  centres  of  rivets  transversely,  or  one-six- 
teenth the  distance  between  centres  or  rivets  in  the  direction  of  the 
stress.  Stay  plates  are  to  have  not  less  than  four  rivets,  and  are  to 
be  spaced  so  that  the  ratio  of  length  by  the  least  radius  gyration  of 
the  parts  connected  does  not  exceed  forty;  the  distance  between 
nearest  rivets  of  two  stay  plates  shall  in  this  case  be  considered  as 
length.  Steel  and  wrought  iron  columns  shall  be  made  in  one,  two  or 
three-story  lengths,  and  the  materials  shall  be  rolled  in  one  length 
wherever  practicable  to  avoid  intermediate  splices.  Where  any  part 
of  the  section  of  a  column  projects  beyond  that  of  the  column  below, 
the  difference  shall  be  made  up  by  filling  plates  secured  to  column 
by  the  proper  number  of  rivets.  Shoes  of  iron  or  steel,  as  described 
for  cast  iron  columns,  or  built  shoes  of  plates  and  shapes  may  be 
used,  complying  with  same  requirements. 

Sec.  112.  Cast  Iron  Columns — Cast  iron  columns  shall  not  have  less 
diameter  than  5  inches,  or  less  thickness  than  1/4  inch.  Nor  shall  they 
have  an  unsupported  length  of  more  than  twenty  times  their  least  lateral 
dimensions  or  diameter,  except  as  modified  by  section  138  of  this  Code, 
and  except  the  same  may  form  part  of  an  elevator  inclosure  or  staircase, 
and  also  except  in  such  cases  as  the  Commissioner  of  Buildings  having 
jurisdiction  may  specially  allow  a  greater  unsupported  length.  All  cast 
iron  columns  shall  be  of  good  workmanship  and  material.  The  top  and 
bottom  flanges,  seats  and  lugs  shall  be  of  ample  strength,  reinforced  by 
fillets  and  brackets ;  they  shall  be  not  less  than  1  inch  in  thickness  when 
finished.  All  columns  must  be  faced  at  the  ends  to  a  true  surface  per- 
pendicular to  the  axis  of  the  column.  Column  joints  shall  be  secured 
by  not  less  than  four  bolts  each,  not  less  than  Y\  inch  in  diameter. 
The  holes  for  these  bolts  shall  be  drilled  to  a  template.  The  core  of  a 
column  below  a  joint  shall  be  not  larger  than  the  core  of  the  column 
above  and  the  metal  shall  be  tapered  down  for  a  distance  of  not  less 
than  6  inches,  or  a  joint  plate  may  be  inserted  of  sufficient  strength  to 
distribute  the  load.  The  thickness  of  metal  shall  be  not  less  than  one- 
twelfth  the  diameter  or  the  greatest  lateral  dimension  of  cross  section, 


2io        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


but  never  less  than  inch.  Wherever  the  core  of  a  cast  iron  column 
has  shifted  more  than  one-fourth  the  thickness  of  the  shell,  the  strength 
shall  be  computed  assuming  the  thickness  of  metal  all  around  equal  to 
the  thinnest  part,  and  the  column  shall  be  condemned  if  this  computa- 
tion shows  the  strength  to  be  less  than  required  by  this  Code.  Wherever 
blowholes  or  imperfections  are  found  in  a  cast  iron  column  which  re- 
duces the  area  of  the  cross  section  at  that  point  more  than  10  per 
cent.,  such  column  shall  be  condemned.  Cast  iron  posts  or  columns  not 
cast  with  one  open  side  or  back,  before  being  set  up  in  place,  shall  have 
a  three-eighths-inch  hole  drilled  in  the  shaft  of  each  post  or  column 
by  the  manufacturer  or  contractor  furnishing  the  same,  to  exhibit  the 
thickness  of  the  castings,  and  any  other  similar  sized  hole  or  holes 
which  the  Commissioners  of  Buildings  may  require  shall  be  drilled  in 
the  said  posts  or  columns  by  the  said  manufacturer  or  contractor  at  his 
own  expense. 

Iron  or  steel  shoes  or  plates  shall  be  used  under  the  bottom  tier 
of  columns  to  properly  distribute  the  load  on  the  foundation.  Shoes 
shall  be  planned  on  top. 

Sec.  113.  Double  Columns — In  all  buildings  hereafter  erected  or 
altered,  where  any  iron  or  steel  column  or  columns  are  used  to  support 
a  wall  or  part  thereof,  whether  the  same  be  an  exterior  or  interior 
wall,  and  columns  located  below  the  level  of  the  sidewalk  which  are 
used  to  support  exterior  walls  or  arches  over  vaults,  the  said  column 
or  columns  shall  be  either  constructed  double — that  is,  an  outer  and  inner 
column,  the  inner  column  alone  to  be  of  sufficient  strength  to  sustain 
safely  the  weight  to  be  imposed  thereon,  and  the  outer  columns  shall 
be  1  inch  shorter  than  the  inner  columns,  or  such  other  iron  or  steel 
column  of  sufficient  strength  and  protected  with  not  less  than  2  inches 
of  fireproof  material  securely  applied,  except  that  double  or  protected 
columns  shall  not  be  required  for  walls  fronting  on  streets  or  courts. 

Sec.  114.  Party  Wall  Posts — If  iron  or  steel  posts  are  to  be  used 
as  party  posts  in  front  of  a  party  wall,  and  intended  for  two  buildings, 
then  the  said  posts  shall  be  not  less  in  width  than  the  thickness  of  the 
party  wall,  nor  less  in  depth  than  the  tlfrckness  of  the  wall  to  be  sup- 
ported above.  Iron  or  steel  posts  in  front  of  ^side,  division  or  party 
walls  shall  be  filled  up  solid  with  masonry  and  made  perfectly  tight 
between  the  posts  and  walls.  Intermediate  posts  may  be  used,  which 
shall  be  sufficiently  strong,  and  the  lintels  thereon  shall  have  sufficient 
bearings  to  carry  the  weight  above  with  safety. 

Sec.  115.  Plates  Between  Joints  of  Open  Back  Columns — Iron  or 
steel  posts  or  columns,  with  one  or  more  open  sides  and  backs,  shall 
have  solid  iron  plates  on  top  of  each,  excepting  where  pierced  for  the 
passage  of  pipes. 

Sec.  116.  Steel  and  Iron  Girders — Rivets  in  flanges  shall  be  placed 
so  that  the  least  value  of  a  rivet  for  either  shear  or  bearing  is  equal  or 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  211 


greater  than  the  increment  of  strain  due  to  the  distance  between  adjoin- 
ing rivets.  All  other  rules  given  under  riveting  shall  be  followed.  The 
length  of  rivets  between  heads  shall  be  limited  to  four  times  the  diameter. 
The  compression  flange  of  plate  girders  shall  be  secured  against  buckling, 
if  its  length  exceeds  thirty  times  its  width.  If  splices  are  used,  they 
shall  fully  make  good  the  members  spliced  in  either  tension  or  com- 
pression. Stiffeners  shall  be  provided  over  supports  and  other  concen- 
trated loads ;  they  shall  be  of  sufficient  length,  as  a  column,  to  carry 
the  loads,  and  shall  be  connected  with  a  sufficient  number  of  rivets  to 
transmit  the  stresses  into  the  web  plate.  Stiffeners  shall  fit  so  as  to 
support  the  flanges  of  the  girders.  If  the  unsupported  depth  of  the  web 
plate  exceeds  sixty  times  its  thickness,  stiffeners  shall  be  used  at  intervals 
not  exceeding  one  hundred  and  twenty  times  the  thickness  of  the  web. 

Sec.  117.  Rolled  Steel  and  Wrought  Iron  Beams  Used  as  Girders — 
When  rolled  steel  or  wrought  iron  beams  are  used  in  pairs  to  form  a 
girder,  they  shall  be  connected  together  by  bolts  and  iron  separators  at 
intervals  of  not  more  than  5  feet.  All  beams  12  inches  and  over  in 
depth  shall  have  at  least  two  bolts  to  each  separator. 

Sec.  118.  Cast  Iron  Lintels — Cast  iron  lintels  shall  not  be  used  for 
spans  exceeding  16  feet.  Cast  iron  lintels  of  beams  shall  be  not  less 
than  three-quarters  of  an  inch  in  thickness  in  any  of  their  parts. 

Sec.  119.  Plates  Under  Ends  of  Lintels  and  Girders — When  the 
lintels  or  girders  are  supported  at  the  ends  by  brick  walls  or  piers  they 
shall  rest  upon  cut  granite  or  bluestone  blocks  at  least  10  inches  thick, 
or  upon  cast  iron  plates  of  equal  strength  by  the  full  size  of  the  bearings. 
In  case  the  opening  is  less  than  12  feet,  the  stone  blocks  may  be  5  inches 
in  thickness,  or  cast  iron  plates  of  equal  strength  by  the  full  size  of 
the  bearings  may  be  used,  provided  that  in  all  cases  the  safe  loads  do 
not  exceed  those  fixed  by  section  139  of  this  Code. 

Sec.  120.  Rolled  Steel  and  Wrought  Iron  Floor  and  Roof  Beams — 
All  rolled  steel  and  wrought  iron  floor  and  roof  beams  used  in  buildings 
shall  be  of  full  weight,  straight  and  free  from  injurious  defects.  Holes 
for  tie  rods  shall  be  placed  as  near  the  thrust  of  the  arch  as  practicable. 
The  distance  between  tie  rods  in  floors  shall  not  exceed  eight  feet  and 
shall  not  exceed  eight  times  the  depth  of  floor  beams  12  inches  and  under. 
Channels  or  other  shapes,  where  used  as  skew-backs,  shall  have  a  suf- 
ficient resisting  moment  to  take  up  the  thrust  of  the  arch.  Bearing 
plates  of  stone  or  metal  shall  be  used  to  reduce  the  pressure  on  the  wall  to 
the  working  stress.  Beams  resting  on  girders  shall  be  securely  riveted 
or  bolted  to  the  same;  where  joined  on  a  girder,  tie-straps  of  one-half 
inch  net  sectional  area  shall  be  used,  with  rivets  or  bolts  to  correspond. 
Anchors  shall  be  provided  at  the  ends  of  all  such  beams  bearing  on 
walls. 

Sec.  121.  Templates  Under  Ends  of  Steel  or  Iron  Floor  Beams — 
Under  the  ends  of  all  iron  or  steel  beams  where  they  rest  on  the  walls. 


212        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


a  stone  or  cast  iron  template  shall  be  built  into  the  walls.  Templates 
under  ends  of  steel  or  iron  beams  shall  be  of  such  dimensions  as  to 
bring  no  greater  pressure  upon  the  brickwork  than  that  allowed  by  sec- 
tion 139  of  this  Code.  When  rolled  iron  or  steel  floor  beams,  not  exceed- 
ing 6  inches  in  depth,  are  placed  not  more  than  30  inches  on  centres,  no 
templates  shall  be  required. 

Sec.  122.  Framing  and  Connecting  Structural  Work — All  iron  or 
steel  trimmer  beams,  headers,  and  tail  beams,  shall  be  suitably  framed 
and  connected  together,  and  the  iron  or  steel  girders,  columns.,  beams, 
trusses  and  all  other  iron  work  of  all  floors  and  roofs  shall  be  strapped, 
bolted,  anchored  and  connected  together,  and  to  the  walls. 

All  beams  framed  into  and  supported  by  other  beams  or  girders 
shall  be  connected  thereto  by  angles  or  knees  of  a  proper  size  and  thick- 
ness, and  have  sufficient  bolts  or  rivets  in  both  legs  of  each  connecting 
angle  to  transmit  the  entire  weight  or  load  coming  on  the  beam  to  the 
supporting  beam  or  girder.  In  no  case  shall  the  shearing  value  of  the 
bolts  or  rivets  or  the  bearing  value  of  the  connection  angles,  provided 
for  in  section  139  of  this  Code,  be  exceeded. 

Sec.  123.  Riveting  of  Structural  Steel  and  Wrought  Iron  Work — 
The  distance  from  centre,  of  a  rivet  hole  to  the  edge  of  the  material 
shall  not  be  less  than  : 

Five-eighths  of  an  inch  for  one-half-inch  rivets. 

Seven-eighth  of  an  inch  for  five-eighths-inch  rivets. 

One  and  one-eighth  of  an  inch  for  three-fourths-inch  rivets. 

One  and  three-eighths  of  an  inch  for  seven-eighths-inch  rivets. 

One  and  one-half  of  an  inch  for  i-inch  rivets. 

Wherever  possible,  however,  the  distance  shall  be  equal  to  two  diam- 
eters. All  rivets,  wherever  practicable,  shall  be  machine  driven.  The 
rivets  in  connections  shall  be  proportioned  and  placed  to  suit  the  stresses. 
The  pitch  of  rivets  shall  never  be  less  than  three  diameters  of  the  rivet, 
nor  more  than  six  inches.  In  the  direction  of  the  stress  it  shall  not 
exceed  sixteen  times  the  least  thickness  of  the  outside  member.  At 
right  angles  to  the  stress  it  shall  not  exceed  thirty-two  times  the  least 
thickness  of  the  outside  member.  All  holes  shall  be  punched  accurately, 
so  that  upon  assembling  a  cold  rivet  will  enter  the  hole  without  straining 
the  material  by  drifting.  Occasional  slight  errors  shall  be  corrected  by 
reaming.  The  rivets  shall  fill  the  holes  completely ;  the  heads  shall  be 
hemispherical  and  concentric  with  the  axis  of  the  rivet.  Gussets  shall 
be  provided  whenever  required,  of  sufficient  thickness  and  size  to  accom- 
modate the  number  of  rivets  necessary  to  make  a  connection. 

Sec.  124.  Bolting  of  Structural  Steel  and  Wrought  Iron  Work — 
Where  riveting  is  not  made  mandatory,  connections  may  be  effected  by 
bolts.  These  bolts  shall  be  of  wrought  iron  or  mild  steel,  and  they  shall 
have  United  States  Standard  threads.  The  threads  shall  be  full  and 
clean,  the  nut  shall  be  truly  concentric  with  the  bolt,  and  the  thread 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  2i£ 


shall  be  of  sufficient  length  to  allow  the  nut  to  be  screwed  up  tightly. 
When  bolts  go  through  bevel  flanges,  bevel  washers  to  match  shall  be 
used,  so  that  the  head  and  nut  of  bolt  are  parallel.  When  bolts  are  used 
for  suspenders,  the  working  stresses  shall  be  reduced  for  wrought  iront 
to  10,000  pounds  and  for  steel  to  14,000  pounds  per  square  inch  of  net 
area,  and  the  load  shall  be  transmitted  into  the  head  or  nut  by  strong 
washers  distributing  the  pressure  evenly  over  the  entire  surface  of  the 
same.  Turned  bolts  in  reamed  holes  shall  be  deemed  a  substitute  for 
field  rivets. 

Sec.  125.  Steel  and  Wrought  Iron  Trusses — Trusses  shall  be  of  such 
design  that  the  stresses  in  each  member  can  be  calculated.  All  trusses- 
shall  be  held  rigidly  in  position  by  efficient  systems  of  lateral  and  sway 
bracing,  struts  being  spaced  so  that  the  maximum  limit  of  length  to 
least  radius  of  gyration,  established  in  section  111  of  this  Code,  is  not 
exceeded.  Any  member  of  a  truss  subjected  to  transverse  stress,  in 
addition  to  direct  tension  or  compression,  shall  have  the  stresses  causing 
such  strain  added  to  the  direct  stresses  coming  on  the  member,  and 
the  total  tresses  thus  formed  shall  in  no  case  exceed  the  working  stresses 
stated  in  section  139  of  this  Code. 

Sec.  126.  Riveted  Steel  and  Wrought  Iron  Trusses — For  tension 
members,  the  actual  net  area  only,  after  deducting  rivet  holes,  one-eighth 
inch  larger  than  the  rivets,  shall  be  considered  as  resisting  the  stress. 
If  tension  members  are  made  of  angle  irons  riveted  through  one  flange 
only,  only  that  flange  shall  be  considered  in  proportioning  areas.  Rivets 
to  be  proportioned  as  prescribed  in  section  13  of  this  Code.  If  the- 
axes  of  two  adjoining  web  members  do  not  intersect  within  the  line  of 
the  chords,  sufficient  area  shall  be  added  to  the  chord  to  take  up  the 
bending  strains.  No  bolts  shall  be  used  in  the  connections  of  riveted 
trusses,  excepting  when  riveting  is  impracticable,  and  then  the  holes 
shall  be  drilled  or  reamed. 

Sec.  127.  Steel  and  Iron  Pin-Connected  Trusses — The  bending 
stresses  on  pins  shall  be  limited  to  20,000  pounds  for  steel  and  15,000 
pounds  for  iron.  All  compression  members  in  pin-connected  trusses 
shall  be  proportioned,  using  75  per  cent,  of  the  permissible  working  stress 
for  columns.  The  heads  of  all  eye-bars  shall  be  made  up  by  upsetting 
or  forging.  No  weld  will  be  allowed  in  the  body  of  the  bar.  Steel 
eye-bars  shall  be  annealed.  Bars  shall  be  straight  before  boring.  All 
pin-holes  shall  be  bored  through  and  at  right  angles  to  the  axis  of  the 
members,  and  must  fit  the  pin  within  1-32  of  an  inch.  The  distances 
of  pin-holes  from  centre  to  centre  for  corresponding  members  shall  be 
alike,  so  that,  when  piled  upon  one  another,  pins  will  pass  through 
both  ends  without  forcing.  Eyes  and  screw  ends  shall  be  so  proportioned 
that  upon  test  to  destruction,  fracture  will  take  place  in  the  body  of  the 
member.  All  pins  shall  be  accurately  turned.  Pin-plates  shall  be  provided 
wherever  necessary  to  reduce  the  stresses  on  pins  to  the  working  stresses 


2I4 


ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 


prescribed  in  section  139  of  this  Code.  These  pin-plates  shall  be  con- 
nected to  the  members  bv  rivets  of  sufficient  size  and  number  to  transmit 
the  stresses  without  exceeding  working  stresses.  All  rivets  in  members 
of  pin-connected  trusses  shall  be  machine  driven.  All  rivets  in  pin-plates 
which  are  necessarv  to  transmit  stress  shall  be  also  machine-driven.  The 
main  connections  of  members  shall  be  made  by  pins.  Other  connections 
may  be  made  by  bolts.  If  there  is  a  combination  of  riveted  and  pin- 
connected  members  in  one  truss,  these  members  shall  comply  with  the 
requirements  for  pin-connected  trusses ;  but  the  riveting  shall  comply 
with  the  requirements  of  section  126  of  this  Code. 

Sec.  128.  Iron  and  Other  Metal  Fronts  to  Be  Filled  In— All  cast 
iron  or  metal  fronts  shall  be  backed  up  or  filled  in  with  masonry  of 
the  thicknesses  provided  for  in  sections  31  and  32. 

Sec.  129.  Painting  of  Structural  Metal  Work — All  structural  metal 
work  shall  be  cleaned  of  all  scale,  dirt  and  rust,  and  be  thoroughly  coated 
with  one  coat  of  paint.  Cast  iron  columns  shall  not  be  painted  until  after 
inspection  by  the  Department  of  Buildings.  Where  surfaces  in  riveted 
work  come  in  contact,  they  shall  be  painted  before  assembling.  After 
erection  all  work  shall  be  painted  at  least  one  additional  coat.  All  iron 
or  steel  used  under  water  shall  be  inclosed  with  concrete. 

Part  23 — Floor  Leads,  Temporary  Supports. 

Sec.  130.  Floor  Loads — The  dead  loads  in  all  buildings  shall  consist 
of  the  actual  weight  of  walls,  floors,  roofs,  partitions  and  all  permanent 
■construction. 

The  live  or  variable  loads  shall  consist  of  all  loads  other  than  dead 
loads. 

Every  floor  shall  be  of  sufficient  strength  to  bear  safely  the  weight 
to  be  imposed  thereon  in  addition  to  the  weight  of  the  materials  of 
which  the  floor  is  composed;  if  to  be  used  as  a  dwelling  house,  apart- 
ment house,  tenement  house,  hotel  or  lodging  house,  each  floor  shall 
t>e  of  sufficient  strength  in  all  its  parts  to  bear  safely  upon  every  su- 
perficial foot  of  its  surface  not  less  than  60  pounds;  if  to  be  used  for 
office  purposes  not  less  than  75  pounds  upon  every  superficial  foot 
.above  the  first  floor,  and  for  the  latter  floor  150  pounds;  if  to  be  used 
-as  a  school  or  place  of  instruction,  not  less  than  75  pounds  upon 
-every  superficial  foot;  if  to  be  used  for  stable  and  carriage  house  pur- 
poses not  less  than  75  pounds  upon  every  superficial  foot;  if  to  be 
used  as  a  place  of  public  assembly,  not  less  than  90  pounds  upon 
every  superficial  foot;  if  to  be  used  for  ordinary  stores,  light  manu- 
facturing and  light  storage,  not  less  than  120  pounds  upon  every 
superficial  foot;  if  to  be  used  as  a  store  where  heavy  materials  are 
Icept  or  stored,  warehouse,  factory,  or  for  any  other  manufacturing 
or  commercial  purpose,  not  less  than  150  pounds  upon  every  super- 
ficial foot. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  21c 


The  strength  of  factory  floors  intended  to  carry  running  ma- 
chinery shall  be  increased  above  the  minimum  given  in  this  section 
in  proportion  to  the  degree  of  vigratory  impulse  liable  to  be  trans- 
mitted to  the  floor,  as  may  be  required  by  the  Commissioner  of  Build- 
ings having  jurisdiction.  The  roofs  of  all  buildings  having  a  pitch 
of  less  than  20  degrees  shall  be  proportioned  to  bear  safely  50  pounds 
upon  every  superficial  foot  of  their  surface,  in  addition  to  the  weight 
of  materials  composing  the  same.  If  the  pitch  be  more  than  twenty 
degrees  the  live  load  shall  be  assumed  at  30  pounds  upon  every  super- 
ficial foot  measured  on  a  horizontal  plane.  For  sidewalk's  between: 
the  curb  and  area  lines  the  live  load  shall  be  taken  at  300  pounds 
upon  every  superficial  foot.  Every  column,  post  or  other  vertical 
support  shall  be  of  sufficient  strength  to  bear  safely  the  weight  of 
the  portion  of  each  and  every  floor  depending  upon  it  for  support,  in 
addition  to  the  weight  required  as  before  stated  to  be  supported  safely 
upon  said  portion  of  said  floors.  For  the  purpose  of  determining  the 
carrying  capacity  of  columns  of  dwellings,  office  buildings,  stores,, 
stables  and  public  buildings  when  over  five  stories  in  height,  a  re- 
duction of  the  live  loads  shall  be  permissable  as  follows:  For  the 
roof  and  top  floor  the  full  live  loads  shall  be  used;  for  each  succeed- 
ing lower  floor  it  shall  be  permissible  to  reduce  the  live  load  by  S 
per  cent,  until  50  per  cent,  of  the  live  loads  fixed  by  this  section  is- 
reached,  when  such  reduced  loads  shall  be  used  for  all  remaining 
floors. 

Sec.  131.  Load  on  Floors  to  Be  Distributed — The  weight  placed 
on  any  of  the  floors  of  any  building  shall  be  safely  distributed  thereom 
The  Commissioner  of  Buildings  having  jurisdiction  may  require  the 
owner  or  occupant  of  any  building,  or  of  any  portion  thereof,  to  re- 
distribute the  load  on  any  floor,  or  to  lighten  such  load  where  he 
deems  it  to  be  necessary. 

Sec.  132.  Strength  of  Existing  Floors  to  Be  Calculated — In  all 
warehouses,  store  houses,  factories,  workshops  and  stores  where 
heavy  materials  are  kept  or  stored,  or  machinery  introduced,  the 
weight  that  each  floor  will  safely  sustain  upon  each  superficial  foot 
thereof,  or  upon  each  varying  part  of  such  floor,  shall  be  estimated 
by  the  owner  or  occupant,  or  by  a  competent  person  employed  by 
the  owner  or  occupant.  Such  estimate  shall  be  reduced  to  writing^ 
on  printed  forms  furnished  by  the  Department  of  Buildings,  stating 
that  material,  size,  distance  apart  and  span  of  beams  and  girders, 
posts  or  columns  to  support  floors,  and  its  correctness  shall  be  sworn 
to  by  the  person  making  the  same,  and  it  shall  be  thereupon  filed  in 
the  office  of  the  Department  of  Buildings.  But  if  the  Commissioners, 
of  Buildings  shall  have  cause  to  doubt  the  correctness  of  said  esti- 
mate, they  are  empowered  to  revise  and  correct  the  same  and  for  the 


2l6 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


purpose  of  such  revision  the  officers  and  employees  of  the  Depart- 
ment of  Buildings  may  enter  any  building  and  remove  so  much  of 
any  floor  or  other  portion  thereof  as  may  be  required  to  make  neces- 
sary measurements  and  examination.  When  the  correct  estimate  of 
the  weight  that  the  floors  in  any  such  buildings  will  safely  sustain 
lias  been  ascertained,  as  herein  provided,  the  Department  of  Build- 
ings shall  approve  the  same,  and  thereupon  the  owner  or  occupant 
of  said  building,  or  any  portion  thereof,  shall  post  a  copy  of  such  ap- 
proved estimate  in  a  conspicuous  place  on  each  story,  or  varying 
parts  of  each  story,  of  the  building  to  which  it  relates.  Before  any 
building  hereafter  erected  is  occupied  and  used,  in  whole  or  in  part, 
ior  any  of  the  purposes  aforesaid,  and  before  any  building,  erected 
prior  to  the  passage  of  this  Code,  but  not  at  such  time  occupied  for 
any  of  the  aforesaid  purposes,  is  occupied  or  used,  in  whole  or  in  part, 
for  any  of  said  purposes,  the  weight  that  each  floor  will  safely  sustain 
xipon  each  superficial  foot  thereof,  shall  be  ascertained  and  posted  in 
-a  conspicuous  place  on  each  story  or  varying  part  of  each  story 
of  the  building  to  which  it  relates.  No  person  shall  place,  or  cause 
or  permit  to  be  placed  on  any  floor  of  any  building  any  greater  load 
than  the  safe  load  thereof,  as  correctly  estimated  and  ascertained  as 
lierein  provided.  Any  expense  necessarily  incurred  in  removing  any 
floor  or  other  portion  of  any  building  for  the  purpose  of  making  any 
examination  herein  provided  for  shall  be  paid  by  the  Comptroller  of 
The  City  of  New  York,  upon  the  requisition  of  the  Board  of  Build- 
ings, out  of  the  fund  paid  over  to  said  Board  under  the  provisions  of 
section  158  of  this  Code.  Such  expenses  shall  be  a  charge  against 
the  person  or  persons  by  whom  or  on  whose  behalf  said  estimate  was 
made,  provided  such  examination  proves  the  floors  of  insufficient 
-strength  to  carry  with  safety  the  loads  found  upon  them  when  such 
•examination  was  made:  and  shall  be  collected  in  an  action  to  be 
"brought  by  the  Corporation  Counsel  against  said  person  or  persons, 
-and  the  sum  so  collected  shall  be  paid  over  to  the  said  Comptroller 
to  be  deposited  in  said  fund  in  reimbursement  of  the  amount  paid  as 
aforesaid.  When  the  architect  of  record  for  any  building  has  filed 
"with  his  application  to  build,  the  data  required  to  determine  the 
strength  of  floors,  on  one  of  the  blank  forms  provided  for  that  pur- 
pose, such  examination  shall  not  be  required  provided  that  the  pur- 
poses and  uses  of  the  building  have  not  been  changed. 

Sec.  133.  Strength  of  Temporary  Supports — Every  temporary  sup- 
port placed  under  any  structure,  wall,  girder  or  beam,  during  the 
•erection,  finishing,  alteration,  or  repairing  of  any  building  or  struc- 
ture or  any  part  thereof,  shall  be  of  sufficient  strength  to  safely  carry 
the  load  to  be  placed  thereon. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


217 


Part  24 — Calculations.    Strength  of  Materials. 


Sec.  134.  Safe  Load  for  Masonry  Work — The  safe-bearing  load 
to  apply  to  brickwork  shall  be  taken  at  eight  tons  per  superficial  foot,, 
when  lime  mortar  is  used;  eleven  and  one-half  tons  per  superficial 
foot  when  lime  and  cement  mortar  mixed  is  used;  fifteen  tons  per 
superficial  foot  when  cement  mortar  is  used.  The  safe  bearing  load 
to  apply  to  rubble-stone  work  shall  be  taken  at  ten  tons  per  super- 
ficial foot  when  Portland  cement  is  used;  when  cement  other  than 
Portland  cement  is  used,  eight  tons  per  superficial  foot;  when  lime 
and  cement  mortar  mixed  is  used ^seven  tons  per  superficial  foot:  and 
when  lime  mortar  is  used,  five  tons  per  superficial  foot.  The  safe- 
bearing  load  to  apply  to  concrete  when  Portland  cement  is  used  shall 
be  taken  at  fifteen  tons  per  superficial  foot;  and  when  cement  other 
than  Portland  is  used,  eight  tons  per  superficial  foot. 

Sec.  135.  Weights  of  Certain  Materials — In  computing  the  weight 
of  walls,  a  cubic  foot  of  brickwork  shall  be  deemed  to  weigh  115 
pounds.  Sandstone,  white  marble,  granite  and  other  kinds  of  build- 
ing stone  shall  be  deemed  to  weigh  170  pounds  per  cubic  foot. 

Sec.  136.  Computations  for  Strength  of  Materials — The  dimensions 
of  each  piece  or  combination  of  materials  required  shall  be  ascer- 
tained by  computation,  according  to  the   rules  prescribed  by  this 


Sec.  137.  Factors  of  Safety — Where  the  unit  stress  for  any  mate- 
rial is  not  prescribed  in  this  Code  the  relation  of  allowable  unit 
stress  to  ultimate  strength  shall  be  as  one  to  four  for  metals,  sub- 
jected to  tension  or  transverse  stress;  as  one  to  six  for  timber,  and 
as  one  to  ten  for  natural  or  artificial  stones  and  brick  or  stone  ma- 
sonry. But  wherever  working  stresses  are  prescribed  in  this  Code, 
varying  the  factors  of  safety  hereinabove  given,  the  said  working; 
stresses  shall  be  used. 

Sec.  138.  Strength  of  Columns — In  columns  or  compression 
members  with  flat  ends  of  cast  iron,  steel,  wrought  iron  or  wood,  the 
stress  per  square  inch  shall  not  exceed  that  given  in  the  following; 
tables : 


Code. 


Working  Stresses  Per  Square 
Inch  of  Section. 


When  the  Length  Divided  by  Least 
Radius  of  Gyration  Equals 


Wrought 


Cast  Iron.  Steel. 


Iron. 
4.400 
5,200 
6,000 


120 
110 
100 


8.240 
8.820 
9.400 


2i8        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


30    9,980  6,000 

80,   10,560  7,600 

70                                                                      9,200  11,140  8,400 

60                                                                    9,500  11.720  9,200 

50                                                                         9,800  12.300  10,000 

40                                                                       10.100  12,880  10,800 

30                                                                     10,400  13,460  11,600 

20                                                                       10,700  14,040  12,400 

30                                                                     11.000  14,620  13,200 


An  in  like  proportion  for  intermediate  ratios. 

Working  Stress  per  Square  Inch 
of  Section. 

When  the  Length  Divided  by 
the  Least  Diameter  Equals 

White  Pine. 
Long  Leaf      Norway  Pine,  Oak. 
Yellow  Pine.  Spruce. 


30    460  350  390 

25    550  425  475 

20    640  500  560 

15    730  575  645 

32    784  620  696 

30    820  650  730 


And  in  like  proportion  for  intermediate  ratios.  Five-eighths  the 
values  given  for  white  pine  shall  also  apply  to  chestnut  and  hemlock 
posts.  For  locust  posts  use  one  and  one-half  the  value  given  for 
white  pine. 

Columns  and  compression  numbers  shall  not  be  used  having  an 
unsupported  length  of  greater  ratios  than  given  in  the  tables.  Any 
column  eccentrically  loaded  shall  have  the  stresses  caused  by  such 
eccentricity  computed,  and  the  combined  stresses  resulting  from  such 
eccentricity  at  any  part  of  the  column,  added  to  all  other  stresses  at 
that  part,  shall  in  no  case  exceed  the  working  stresses  stated  in  this 
Code. 

The  eccentric  load  of  a  column  shall  be  considered  to  be  dis- 
tributed equally  over  the  entire  area  surface  of  that  column  at  the 
next  point  below  at  which  the  column  is  securely  braced  laterally  in 
the  direction  of  the  eccentricity. 

Sec.  139.  Working  Stresses — The  safe  carrying  capacity  of  the 
various  materials  of  construction  (except  in  the  case  of  columns) 
shall  be  determined  by  the  following  working  stresses  in  pounds  per 
square  inch  of  sectional  area: 

Compression  (Direct). 
Rolled  Steel    16,000 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  215 


Cast  Steel   

Wrought  Iron   

Cast  Iron  (in  short  blocks)  . .  

Steel  pins  and  rivets  (bearing)   

Wrought  Iron  pins  and  rivets  (bearing) 


With  Grain. 
900 
1.000 
800 
800 
1.200 
500 
500 


Oak  

Yellow  pine   

White  pine   

Spruce   

Locust   

Hemlock   , 

Chestnut  

Concrete  (Portland)  cement,  1;  sand,  2;  stone,  4  

Concrete  (Portland)  cement,  1;  sand,  2;  stone,  5  

Concrete  (Rosendale,  or  equal)  cement,  1;  sand.  2; 
stone,  4   

Concrete  (Rosendale.  or  equal)  cement,  1;  sand.  2; 
stone,  5   

Rubble  stonework  in  Portland  cement  mortar   

Rubble  stonework  in  Rosendale  cement  mortar  

Rubble  stonework  in  lime  and  cement  mortar  

Rubble  stonework  in  lime  mortar   

Brickwork  in  Portland  cement  mortar:  cement  1; 
sand,  3  

Brickwork  in  Rosendale,  or  equal,  cement  mortar;  ce- 
ment, 1;  sand,  3   

Brickwork  in  lime  and  cement  mortar;  cement,  1;  lime, 
1;  sand,  6   

Brickwork  in  lime  mortar;  lime,  1;  sand,  4   

Granites  (according  to  test)   

Greenwich  stone   

Gneiss  (New  York  City)   

Limestones  (according  to  test)   

Marbles  (according  to  test)   

Sandstones  (according  to  test)   

Bluestone,  North  river   

Brick  (Haverstraw,  flatwise)   

Slate   

Slate   


Rolled  Steel  . 
Cast  Steel  .  .  . 
Wrought  Iron 


Tension  (Direct). 


16.000 
12,000 
16,000 
20,000 
15,000 

Across  Grain, 

800 

600 

400 

400 
1,000 

500 
1.000 

230 
20S 

12S 

111 
140 
111 
97 
70 

250 

208 

16U 
111 

1,000  to  2. 400 

1,300 
700  to  2,300 
600  to  1.20O 
400  to  1,600 
2,000 
30O 
1,000 
400 

16,000 
16.000 
12.000 


220        ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 


Cast  Iron    3,000 

Yellow  Pine    1,200 

White  Pine   800 

Spruce    800 

Hemlock    600 

Oak    1.000 

Shear. 

Steel  web  plates    9,000 

Steel  shop  rivets  and  pins    10,000 

Steel  field  rivets    8,000 

Steel  field  bolts    7,000 

Wrought  iron  web  plates   6,000 

Wrought  iron  shop  rivets  and  plates    7,500 

Wrought  iron  field  rivets    6,000 

Wrought  iron  field  bolts    5,500 

Cast  Iron   ,   3,000 

With  Fibre.    Across  Fibre. 

Yellow  Pine                                                         70  500 

White  Pine                                                          40  250 

Spruce                                                                  50  320 

Oak                                                                    100  600 

Locust                                                                100  720 

Hemlock                                                              40  275 

Chestnut                                                               . .  150 

Safe  Extreme  Fibre  Stress  (Bending). 

Rolled  steel  beams    16.000 

Rolled  steel  pins,  rivets  and  bolts    20,000 

Riveted  steel  beams  (net  Range  section)    14,000 

Rolled  wrought  iron  beams    12.000 

Rolled  wrought  iron  pins,  rivets  and  bolts    15,000 

Riveted  wrought  iron  beams  (net  flange  section)    12,000 

Cast  iron,  compression  side    16,000 

Cast  iron,  tension  side    3,000 

Yellow  Pine    1,200 

White  Pine    800 

Spruce    800 

Oak   -.   1,000 

Locust    1,200 

Hemlock   600 

Chestnut    800 

Granite    180 

Greenwich  stone   150 

Gneiss  (New  York  City)    150 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Limestone    150 

Slate    400 

Marble    120 

Sandstone   100 

Bluestcne,  North  river    300 

Concrete  (Portland)  cement,  1;  sand,  2;  stone,  4   30 

Concrete  (Portland)  cement,  1;  sand,  2;  stone,  5   20 

Concrete    (Rosendale,  or  equal)   cement,   1;   sand,  2; 

stone,  4    16 

Concrete    (Rosendale,  or  equal)   cement,   1;   sand,  2; 

stone,  5    10 

Brick,  common    50 

Brickwork  (in  cement)    30 


Sec.  140.  Wind  Pressure — All  structures  exposed  to  wind  shall  be 
designed  to  resist  a  horizontal  wind  pressure  of  thirty  pounds  for 
every  square  foot  of  surface  thus  exposed,  from  the  ground  to  the 
top  of  same,  including  roof.,  in  any  direction.  In  no  case  shall  the 
overturning  moment  due  to  wind  pressure  exceed  75  per  centum  of 
the  moment  of  stability  of  the  structure.  In  all  structures  exposed 
to  wind,  if  the  resisting  moments  of  the  ordinary  materials  of  con- 
struction, such  as  masonry,  partitions,  floors  and  connections  are  not 
sufficient  to  resist  the  moment  of  distortion  due  to  wind  pressure, 
taken  in  any  direction  on  any  part  of  the  structure,  additional  bracing 
shall  be  introduced  sufficient  to  make  up  the  difference  in  the  mo- 
ments. In  calculations  for  wind  bracing,  the  working  stresses  set 
forth  in  this  Code  may  be  increased  by  50  per  centum.  In  buildings 
under  100  feet  in  height,  provided  the  height  does  not  exceed  four 
times  the  average  width  of  the  base,  the  wind  pressure  may  be  dis- 
regarded. 

Part  25 — Plumbing  and  Drainage. 

Sec.  141.    Plumbing.  Drainage  and  Repairs  Thereto. 

1.  The  drainage  and  plumbing  of  all  buildings,  both  public  and 
private,  shall  be  executed  in  accordance  with  the  rules  and  regulations 
of  the  Department  of  Buildings.  Said  rules  and  regulations  and  any 
change  thereof  shall  be  published  in  the  "City  Record"  on  eight  suc- 
cessive Mondays  before  the  same  shall  become  operative. 

Repairs  or  alterations  of  such  plumbing  or  drainage  may  be  made 
without  the  filing  and  approval  of  drawings  and  descriptions  in  the 
Department  of  Buildings,  but  such  repairs  or  alterations  shall  not  be 
cc  nstrued  to  include  cases  where  new  vertical  or  horizontal  lines  of 
soil,  waste,  vent  or  lead  pipes  are  proposed  to  be  used. 

Notice  of  such  repairs  or  alterations  shall  be  given  to  the  Depart- 
ment before  the  same  are  commenced  in  such  cases  as  shall  be  prescribed 


222        ORDINANCES  OF  TH  E  CITY  OF  NEW  YORK. 


by  the  rules  and  regulations  of  the  said  Department  and  the  work  shall  be 
done  in  accordance  with  the  said  rules  and  regulations. 

2.  Once  each  year,  every  employing  or  master  plumber  carrying  on 
his  trade,  business  or  calling  in  The  City  of  New  York,  shall  register  his 
name  and  address  at  the  office  of  the  Department  of  Buildings  in  said 
City  under  such  rules  and  regulations  as  said  Department  shall  prescribe 
and  as  hereinafter  provided. 

And  thereupon  he  shall  be  entitled  to  receive  a  certificate  of  such  reg- 
istration from  said  Department  provided,  however,  that  such  employing 
or  master  plumber  shall,  at  the  time  of  applying  for  such  registration,  hold 
a  certificate  of  competency  from  the  Examining  Board  of  Plumbers  of 
said  City. 

The  time  of  making  such  registration  shall  be  during  the  month  of 
March  in  each  year.  Where,  however,  a  person  obtains  a  certificate  of  com- 
petency at  a  time  other  than  in  the  month  of  March  in  any  year,  he  may 
register  within  thirty  days  after  obtaining  such  certificate  of  competency, 
but  he  must  also  register  in  the  month  of  March  in  each  year  as  hereinbe- 
fore provided. 

Such  registration  may  be  cancelled  by  the  Department  of  Buildings 
for  a  violation  of  the  rules  and  regulations  for  the  plumbing  and  drainage 
of  said  Department  of  Buildings,  duly  adopted  and  in  force  pursuant  to 
the  provisions  of  this  section  or  whenever  the  person  so  registered  ceases 
to  be  a  master  or  employing  plumber,  after  a  hearing  before  said  De- 
partment and  upon  a  prior  notice  of  not  less  than  ten  days,  stating  the 
grounds  of  complaints  and  served  upon  the  person  charged  with  the  viola- 
tion of  the  aforesaid  rules  and  regulations. 

3.  After  this  Code  takes  effect,  no  person,  corporation  or  copartner- 
ship shall  engage  in,  or  carry  on  the  trade  business  or  calling  of  employing 
or  master  plumber  in  The  City  of  New  York,  unless  the  name  and  adress 
of  such  person  and  the  president,  secretary  or  treasurer  of  such  corpora- 
tion and  each  and  every  member  of  such  copartnership  shall  have  been 
registered  as  above  provided. 

4.  No  person  or  persons  shall  expose  the  sign  of  "Plumber"  or 
"Plumbing"or  a  sign  containing  words  of  similar  import  and  meaning  in 
The  City  of  New  York  unless  each  person  forming  such  a  copartnership 
shall  have  obtained  a  certificate  of  competency  from  the  Examining  Board 
of  Plumbers,  and  shall  have  registered  as  herein  provided. 

A  master  or  employing  plumber  within  the  meaning  of  this  Code 
is  any  person  who  hires  or  employs  a  person  or  persons  to  do  plumb- 
ing work. 

5.  The  inspectors  of  Plumbing  in  the  Department  of  Buildings 
in  addition  to  their  other  duties  shall  ascertain  whether  the  employing 
or  master  plumber  having  charge  of  the  construction,  repairing  or 
alteration  of  any  plumbing  work  performed  in  The  City  of  New 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


223 


Y7ork  is  registered  as  herein  provided,  and  if  such  person  is  not  so 
registered,  then  such  Inspectors  shall  forthwith  report  to  said  De- 
partment the  name  of  said  plumber. 

6.  The  Commissioner  of  Buildings  having  jurisdiction  may  pre- 
sent a  petition  to  a  justice  of  the  Supreme  Court  or  to  a  special  term 
thereof  for  an  order  restraining  the  person  so  reported  from  acting 
as  an  employing  or  master  plumber  until  he  registers  pursuant  to 
the  provisions  of  this  Code.  Said  petition  shall  state  that  the  said 
person  is  engaged  in  plumbing  work  as  an  employing  or  master 
plumber  without  having  so  registered,  and  shall  be  verified  by  the 
inspector  making  the  said  report. 

Upon  the  presentation  of  the  petition,  the  Court  shall  grant  an 
order  requiring  such  plumber  to  appear  before  a  special  term  of  the 
Supreme  Court  on  a  date  therein  specified,  not  less  than  two  nor 
more  than  six  days  after  the  granting  thereof,  to  show  cause  why  he 
should  no  be  permanently  enjoined  until  he  has  obtained  a  certificate 
of  registration  as  herein  required.  A  copy  of  such  petition  and 
order  shall  be  served  upon  such  person  not  less  than  twenty-four 
hours  before  the  return  thereof.  On  the  day  specified  in  such  order 
the  Court  before  whom  the  same  is  returnable  shall  hear  the  proofs 
of  the  parties,  and  may,  if  deemed  necessary,  take  testimony  in  rela- 
tion to  the  allegations  of  the  petitions. 

If  the  Court  is  satisfied  that  such  plumber  is  practicing  without 
having  registered,  as  provided  by  this  Code,  an  order  shall  be  granted 
enjoining  him  from  acting  as  an  employing  or  master  plumber  until 
he  has  so  registered. 

No  undertaking  shall  be  required  as  a  condition  to  the  granting 
or  issuing  of  such  injunction  order  or  by  reason  thereof. 

If,  after  the  entry  of  such  order  in  a  County  Clerk's  office  in  The 
City  of  New  York,  such  person  shall,  in  violation  of  such  order, 
practice  as  an  employing  or  master  plumber,  he  shall  be  deemed 
guilty  of  a  criminal  contempt  of  court,  and  be  punishable  as  for  a 
criminal  contempt  in  the  manner  provided  by  the  Code  of  Civil 
Procedure. 

In  no  case  shall  the  Department  of  Buildings  be  liable  for  costs 
in  any  such  proceeding,  but  costs  may  be  allowed  against  the  de- 
fendant or  defendants  in*  the  discretion  of  the  Court. 

Part  26 — Buildings  Raised,  Lowered,  Altered  or  Moved. 

Sec.  142.  Buildings  Raised,  Lowered,  Altered  or  Moved — Within 
the  fire  limits  it  shall  not  be  lawful  for  the  owner  or  owners  of  any 
brick  dwelling  house  with  8-inch  walls,  or  of  any  wood  building  al- 
ready erected  that  has  a  peaked  roof,  to  raise  the  same  for  the  pur- 
pose of  making  a  flat  roof  thereon,  unless  the  same  be  raised  with 


224 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


the  same  kind  of  material  as  the  building,  and  unless  such  new  roof 
be  covered  with  fireproof  material,  and  provided  that  such  building, 
when  so  raised,  shall  not  exceed  40  feet  in  height  to  the  highest  part 
thereof.  All  such  buildings  must  exceed  25  feet  in  height  to  the  peak 
of  the  main  roof  before  the  said  alteration  and  raising.  In  increasing 
the  height  of  any  such  building,  the  entire  area  which  such  building 
covers  may  be  raised  to  a  uniform  height.  If  any  such  building  has 
an  extension  of  less  width  than  the  main  building,  the  same  may  be 
increased  in  width  to  the  lull  width  of  the  main  building,  with  the 
same  kind  of  material  and  to  the  same  height  as  the  main  building. 
Any  such  building  may  be  extended  either  on  the  front  or  rear  to  a 
depth  of  not  more  than  15  feet  and  not  more  than  the  width  of  the 
building,  and  not  more  than  two  stories  and  basement  in  height,  with 
the  same  kind  of  material  as  the  building.  Any  frame  building  sit- 
uated in  a  row  of  frame  buildings  may  be  increased  in  height  to  con- 
form to  the  height  of  adjoining  buildings.  Tf  any  block  situated 
within  the  fire  limits  has  00  per  cent,  of  the  buildings  located  thereon 
constructed  of  frame,  any  vacant  lot  situated  therein  may  have  a 
frame  building  placed  thereon  provided  the  same  be  not  more  than 
two  stories  and  basement  in  height  and  is  to  be  used  for  residence 
purposes  only.  If  any  building  shall  have  been  built  before  the 
street  upon  which  it  is  located  is  graded,  or  if  the  grade  is  altered, 
such  building  may  be  raised  or  lowered  to  meet  the  requirements  of 
such  grade.  The  restrictions  contained  in  this  section  shall  not  pro- 
hibit one-story  and  basement  frame  dwelling  houses  from  being  in- 
creased one  additional  story  in  height.  Within  the  fire  limits  no 
frame  building  more  than  two  stories  in  height,  now  used  as  a  dwell- 
ing, shall  hereafter  be  raised  or  altered  to  be  used  as  a  factory,  ware- 
house or  stable. 

No  wood  building  within  or  without  the  lire  limits  shall  be  moved 
from  one  lot  to  another  until  a  statement  setting  forth  the  purposes 
of  said  removal  and  the  uses  to  which  said  building  is  to  be  applied  is 
filed  in  the  Department  of  Buildings,  and  a  permit  be  first  obtained 
therefor.  No  wood  building  shall  be  moved  from  without  to  within 
the  fire  limits. 

Within  the  lire  limits  no  brick  building  shall  be  enlarged  or  built 
upon  unless  the  exterior  walls  of  said  addition  or  enlargement  be  con- 
structed of  incombustible  materials;  provided,  however,  that  such 
brick  building  may  be  raised,  lowered  or  altered  under  the  same  cir- 
cumstances and  in  the  manner  provided  for  in  this  section. 

Part  27 — Fire  Limits. 

Sec.  ,143.  Fire  Limits — No  frame  or  wood  structure  shall  be  built 
hereafter  in  The  City  of  New  York  within  the  following  limits: 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  225 

In  the  Borough  of  Manhattan — Within  the  Following 
Described  Lines. 

Beginning  at  a  point  on  the  North  River  at  the  Battery  and  run- 
ning thence  northerly  along  the  pier  headline  to  a  point  100  feet 
north  of  the  northerly  side  of  One  Hundred  and  Sixty-fifth  street, 
and  running  thence  easterly  100  feet  north  of  the  northerly  side  of 
One  Hundred  and  Sixty-fifth  street  to  a  point  100  feet  west  of  the 
westerly  side  of  Broadway;  thence  northerly  on  a  line  drawn  always 
100  feet  west  of  the  westerly  side  of  Broadway  to  the  bulkhead  line 
of  the  Harlem  river;  thence  southerly  along  the  bulkhead  line  of  the 
Harlem  river  to  the  Bronx  Kills;  thence  easterly  along  the  bulkhead 
line  of  the  Bronx  Kills  to  the  East  river;  thence  southerly  along  the 
East  river,  passing  to  the  east  of  Blackwell's  Island;  and  thence  con- 
tinuing by  the  pierhead  line  of  the  East  river  to  the  place  of  begin- 
ning. 

In  the  Borough  of  the  Bronx — Within  the  Following  Described  Lines. 

Beginning  at  a  point  on  the  eastern  bulkhead  of  the  Harlem  river 
100  feet  south  of  East  One  Hundred  and  Sixty-first  street;  running 
thence  easterly  and  parallel  with  East  One  Hundred  and  Sixty-first 
street  to  the  east  side  of  Sheridan  avenue  and  100  feet  therefrom; 
thence  north  on  the  east  side  of  Sheridan  avenue  to  a  point  100  feet 
north  of  East  One  Hundred  and  Sixty-first  street;  thence  easterly  and 
parallel  to  East  One  Hundred  and  Sixty-first  street  and  100  feet  there- 
from to  a  point  100  feet  west  of  Park  avenue;  thence  northeasterly 
and  parallel  to  Park  avenue  and  100  feet  therefrom  to  a  point  distant 
100  feet  west  of  Webster  avenue;  thence  northerly  and  parallel  to 
Webster  avenue  and  100  feet  therefrom  to  a  point  100  feet  northerly 
of  East  One  Hundred  and  Seventy-seventh  street;  thence  easterly  and 
parallel  to  East  One  Hundred  and  Seventy-seventh  street  and  100  feet 
therefrom  to  Third  avenue;  thence  southerly  along  the  westerly 
boundary  line  of  Crotona  Park,  and  thence  easterly  along  the  souther- 
ly boundary  line  of  Crotona  Park,  to  a  point  distant  100  feet  east  of 
Prospect  avenue;  thence  along  Prospect  avenue  and  100  feet  east 
therefrom  to  Westchester  avenue;  thence  along  Westchester  avenue 
and  100  feet  east  therefrom  to  the  easterly  line  of  Robbins  avenue; 
thence  southerly  and  parallel  to  Robbins  avenue  100  feet  east  there- 
from to  the  port  Morris  Branch  Railroad;  thence  easterly  along  the 
Port  Morris  Branch  Railroad  to  the  East  river;  thence  southwesterly 
along  the  East  river,  northwesterly  along  the  Bronx  Kills,  and  nort  i 
erly  along  the  Harlem  river  to  the  point  of  beginning. 
In  the  Borough  of  Brooklyn — Within  the  Following  Described  Lines. 

Beginning  at  a  point  formed  by  the  intersection  of  Sixtieth 
street  and  New  York  Bay;  thence  running  easterly  on  a  line  draws 


226        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


ico  feet  south  of  and  parallel  with  the  southerly  line  of  Sixtieth 
street  to  Sixth  avenue;  thence  running  northerly  on  a  line  drawn  100 
feet  east  of  and  parallel  with  the  easterly  side  of  Sixth  avenue  to 
1  hirty-sixth  street;  thence  running  westerly  through  the  centre  line 
of  Thirty-sixth  street  to  Fifth  avenue;  thence  running  northerly 
through  the  centre  line  of  Fifth  avenue  to  Twenty-fourth  street; 
thence  running  easterly  through  the  centre  line  of  Twenty-fourth 
street  to  Sixth  avenue;  thence  running  northerly  through  the  centre 
line  of  Sixth  avenue  to  Twenty-third  street;  thence  running  easterly 
through  the  centre  line  of  Twenty-third  street  to  Seventh  avenue; 
thence  running  northerly  through  the  centre  line  of  Seventh  avenue 
to  Twentieth  street;  thence  running  easterly  through  the  centre  line 
of  Twentieth  street  to  Ninth  avenue,  or  Prospect  Park  West;  thence 
running  northerly  through  the  centre  line  of  Ninth  avenue,  or  Pro- 
spect Park  West,  to  Prospect  avenue;  thence  running  easterly  through 
the  centre  line  of  Prospect  avenue  to  Eleventh  avenue;  thence  run- 
ning northerly  through  the  centre  line  of  Eleventh  avenue  to  Fif- 
teenth street;  thence  running  westerly  through  the  centre  line  of 
Fifteenth  street  to  Ninth  avenue,  or  Prospect  Park  West;  thence 
northerly  through  the  centre  line  of  Ninth  avenue,  or  Prospect  Park 
West,  to  Flatbush  avenue;  thence  southerly  along  the  centre  line  of 
Flatbush  avenue  to  Ocean  avenue;  thence  southerly  on  a  line  drawn 
100  feet  west  of  and  parallel  with  the  west  side  of  Flatbush  avenue 
to  Avenue  E;  thence  easterly  through  the  centre  line  of  Avenue  E  to 
Flatbush  avenue;  thence  northwesterly  on  a  line  drawn  100  feet  east 
of  and  parallel  with  the  easterly  side  of  Flatbush  avenue  to  Franklin 
avenue;  thence  northerly  on  a  line  drawn  100  feet  east  of  and  parallel 
with  the  easterly  side  of  Franklin  avenue  to  Crown  street;  thence 
easterly  on  a  line  drawn  100  feet  south  of  and  parallel  with  the  south- 
erly side  of  Crown  street  to  East  New  York  avenue;  thence  easterly 
on  a  line  drawn  100  feet  south  of  and  parallel  with  the  southerly  side 
of  East  New  York  avenue  to  Gillen  place;  thence  northerly  on  a  line 
drawn  100  feet  east  of  and  parallel  with  the  easterly  side  of  Gillen 
place  to  Broadway;  thence  northerly  on  a  line  drawn  100  feet  east 
of  and  parallel  with  the  east  side  of  Broadway  to  Pilling  street; 
thence  easterly  through  the  centre  line  of  Pilling  street  to  Central 
avenue;  thence  westerly  on  a  line  drawn  100  feet  east  of  and  parallel 
with  the  easterly  side  of  Central  avenue  to  Flushing  avenue;  thence 
westerly  from  a  line  drawn  100  feet  north  of  and  parallel  with  the 
northerly  side  of  Flushing  avenue  to  Bushwick  avenue;  thence  north- 
erly on  a  line  drawn  100  feet  east  of  and  parallel  with  the  easterly 
side  of  Bushwick  avenue  to  Metropolitan  avenue;  thence  easterly  on 
a  line  drawn  100  feet  south  of  and  parallel  with  the  northerly  side  of 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  227 


Metropolitan  avenue  to  Graham  avenue;  thence  northerly  on  a  line 
drawn  100  feet  east  of  and  parallel  with  the  easterly  side  of  Graham 
avenue  to  Skillman  avenue;  thence  westerly  on  a  line  drawn  100  feet 
north  of  and  parallel  with  the  westerly  side  of  Skillman  avenue  to 
Union  avenue;  thence  northerly  on  a  line  drawn  100  feet  east  of  and 
parallel  with  the  easterly  side  of  Union  avenue  to  North  Ninth 
street;  thence  northwesterly  on  a  line  drawn  100  feet  northeast  of 
and  parallel  with  the  northeasterly  side  of  North  Ninth  street  to 
Bedford  avenue;  thence  easterly  on  a  line  drawn  100  feet  south  of 
and  parallel  with  the  southerly  side  of  Bedford  avenue  to  North 
Eleventh  street;  thence  northwesterly  to  a  line  drawn  100  feet  north- 
east of  and  parallel  with  the  northeasterly  side  of  North  Eleventh 
street  to  the  East  river;  thence  to  Van  Brunt  street;  thence  north- 
easterly on  a  line  drawn  100  feet  east  of  and  parallel  with  the  south- 
erly side  of  King  street  to  Columbia  street;  thence  northeasterly  on 
a  line  drawn  100  feet  east  of  and  parallel  with  the  easterly  side  of 
Columbia  street  to  Luquer  street;  thence  easterly  on  a  line  drawn 
100  feet  south  of  and  parallel  with  the  southerly  side  of  Luquer  street 
to  Hamilton  avenue;  thence  southerly  on  a  line  drawn  100  feet  west 
of  and  parallel  with  the  west  side  of  Hamilton  avenue  to  Court 
street;  thence  southwesterly  on  a  line  drawn  100  feet  east  of  and 
parallel  with  the  easterly  side  of  Court  street  to  Gowanus  Bay  and 
New  York  Bay  to  the  point  or  place  of  beginning. 

Also  beginning  at  a  point  formed  by  the  intersection  of  East 
river  and  Noble  street;  thence  running  easterly  on  a  line  drawn  100 
feet  south  of  and  parallel  with  the  southerly  side  of  Noble  street  to 
Lorimer  street;  thence  southerly  on  a  line  drawn  100  feet  west  of  and 
parallel  with  the  westerly  side  of  Lorimer  street  to  Nassau  avenue; 
thence  easterly  on  a  line  drawn  100  feet  south  of  and  parallel  with 
the  southerly  side  of  Nassau  avenue  to  Oakland  street;  thence  north- 
erly on  a  line  drawn  100  feet  east  of  and  parallel  with  the  easterly 
side  of  Oakland  street  to  Newtown  creek,  to  the  East  river,  to  the 
point  or  place  of  beginning. 

In  that  part  of  the  Twenty-ninth  Ward  bounded  by  Coney  Island 
avenue  on  the  west,  by  New  York  avenue  on  the  east  and  by  the 
lines  of  said  ward  on  the  north  and  south,  no  row  of  two  or  more 
attached  frame  stores,  dwellings  or  buildings  shall  be  permitted  to  be 
erected;  and  no  frame  house  or  building  shall  be  erected  on  any  lot 
or  building  plot  covering  more  than  80  per  cent,  in  width  of  any 
such  lot  or  building  plot. 

Resolved,  That  the  Department  of  Buildings  be  and  it  hereby  is 
requested  to  extend  the  tire  limits  in  the  Eighth  Ward,  Borough  oi 
Brooklyn,  to  include  the  territory  between  the  south  side  of  Forty- 


228        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


fifth  street  and  the  north  side  of  Sixtieth  street,  and  the  easterly 
side  of  Sixth  avenue  and  the  westerly  side  of  Seventh  avenue. 

Any  frame  building  erected  hereafter  in  the  territory  included 
within  the  following  boundary— all  in  the  Thirtieth  Ward  of  the 
Borough  of  Brooklyn— namely:  Beginning  at  the  Shore  road  and 
Bay  Ridge  avenue,  along  Bay  Ridge  avenue,  including  both  sides  of 
said  avenue,  to  Fourteenth  avenue;  along  Fourteenth  avenue,  includ- 
ing both  sides,  to  Eighty-sixth  street;  along  Eighty-sixth  street,  in- 
cluding both  sides,  to  Third  avenue;  along  Third  avenue,  including 
both  sides,  to  Ninety-second  street;  along  Ninety-second  street,  in- 
cluding both  sides,  to  Shore  road;  along  the  said"  Shore  road  to  the 
point  of  beginning — shall  not  occupy  more  than  eighty  (80)  per 
cent,  in  width  of  the  lot  on  which  said  building  is  erected. 
In  "the  Borough  of  Queens— Within  the  Following  Described  Lines. 

Bounded  on  the  south  by  Newtown  creek,  on  the  north  by  the 
southerly  line  of  Nott  avenue;  on  the  west  by  the  East  river,  and  on 
the  east  by  the  westerly  line  of  Van  Alst  avenue. 

Part  28 — Frame  Buildings. 

Sec.  144.  Frame  Structures  Within  the  Fire  Limits — The  pro- 
visions, in  this  section  contained,  shall  apply  to  buildings  and  struc- 
tures, whether  temporary  or  permanent,  within  the  fire  limits,  as  the 
said  fire  limits  now  are  or  may  hereafter  be  established. 

Temporary  one-story  frame  buildings  may  be  erected  for  the 
use  of  builders,  within  the  limits  of  lots  whereon  buildings  are  in 
course  of  erection,  or  on  adjoining  vacant  lots,  upon  permits  issued 
by  the  Commissioner  of  Buildings  having  jurisdiction. 

Temporary  structures  shall  be  taken  to  mean  and  include  plat- 
forms, stands,  election  booths,  temporary  buildings  and  circus  tents. 

Sheds  of  wood  not  over  fifteen  feet  high,  open  on  at  least  one  side, 
with  the  sides  and  roof  thereof  covered  with  fireproof  material,  may 
also  be  built,  but  a  fence  shall  not  be  used  as  the  back  or  side  thereof. 
Such  sheds  shall  not  cover  an  area  exceeding  two  thousand  five  hun- 
dred square  feet,  except  by  permission  of  the  Board  of  Buildings. 

Fences,  signs  or  bill-boards  shall  not  be  at  any  point  10  feet 
above  and  adjoining  ground:  except  that  when  any  fence,  sign  or  bill- 
board shall  be  constructed  entirely  of  metal  or  of  wood  covered  on 
all  sides  with  sheet  metal,  including  the  uprights,  supports  and  braces 
for  same,  it  shall  not  be  at  any  point  over  18  feet  6  inches  above  the 
adjoining  ground- 
Any  letter,  word,  model,  sign,  device  or  representation  in  the 
nature  of  an  advertisement,  announcement  or  direction,  supported  or 
attached,  wholly  or  in  part,  over  or  above  any  wall,  building  or  struc- 
ture, shall  be  deemed  to  be  a  "sky  sign." 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sky  signs  shall  be  constructed  entirely  of  metal,  including  the 
uprights,  supports  and  braces  for  same,  and  shall  not  be  at  any  point 
over  9  feet  above  the  front  wall  or  cornice  of  the  building  or  struc- 
ture to  which  they  are  attached  or  by  which  they  are  supported. 

All  fences,  signs,  bill-boards  and  sky  signs  shall  be  erected  en- 
tirely within  the  building  line,  and  be  properly  secured,  supported  and 
braced,  and  shall  be  so  constructed  as  not  to  be  or  become  dan- 
gerous. 

Before  the  erection  of  any  fence,  sign,  bill-board  or  sky  sign 
shall  shall  have  been  commenced,  a  permit  for  the  erection  of  the 
same  shall  be  obtained  from  the  Superintendent  of  Buildings  hav- 
ing jurisdiction,  as  provided  in  part  2,  section  4,  of  this  Code.  Each 
application  for  the  erection  of  any  fence,  sign,  bill-board  or  sky  sign, 
shall  be  accompanied  by  a  written  consent  of  the  owner  or  owners, 
or  the  lessee  or  lessees  of  the  property  upon  which  it  is  to  be 
erected. 

Piazzas  or  balconies  of  wood  on  buildings  other  than  frame 
buildings  which  do  not  exceed  8  feet  in  width,  and  which  do  not  ex- 
tend more  than  3  feet  above  the  second  story  floor  beams,  may  be 
erected,  provided  a  permit  from  the  Commissioner  of  Buildings  hav- 
ing jurisdiction,  be  granted  therefor.  In  connected  houses  such 
piazzas  or  balconies  may  be  built,  provided  the  same  are  open  on 
the  front  and  have  brick  ends  not  less  than  8  inches  thick,  carried 
up  above  the  roof  of  such  piazza  or  bancony,  and  coped  with  stone. 
The  roofs  of  all  piazzas  shall  be  covered  with  some  fireproof  ma- 
terial. Frame  buildings  already  erected  may  have  placed  on  any 
story  piazzas,  balconies  or  bay-windows  of  wood,  the  roofs  of  which 
may  be  covered  with  the  same  material  as  the  roof  of  the  main 
building. 

Exterior  privies,  and  wood  or  coal  houses,  not  exceeding  150 
square  feet  in  superficial  area  and  8  feet  high,  may  be  built  of  wood, 
but  the  roofs  thereof  must  be  covered  with  metal,  gravel  or  slate. 

Sec.  145.  Frame  Buildings  Damaged — Every  wood  or  frame 
building  with  a  brick  or  other  front  within  the  fire  limits,  which  may 
hereafter  be  damaged  to  an  amount  not  greater  than  one-half  of  the 
value  thereof,  exclusive  of  the  valuation  of  the  foundation  thereof,  at 
the  time  of  such  damage,  may  be  repaired  or  rebuilt;  but  if  such 
damage  shall  amount  to  more  than  one-half  of  such  value  thereof, 
exclusive  of  the  value  of  the  foundation,  then  such  building  shall  not 
be  repaired  or  rebuilt,  but  shall  be  taken  down,  except  as  provided 
in  this  Code.  In  case  the  owner  of  the  damaged  building  shall  be 
dissatisfied  with  the  decision  of  the  Commissioner  of  Buildings  hav- 
ing jurisdiction  that  such  building  is  damaged  to  a  greater  extent 


230        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

than  one-half  of  its  value,  exclusive  of  the  value  of  the  foundation, 
then  the  amount  and  extent  of  such  damage  shall  be  determined 
upon  an  examination  of  the  building  by  one  Surveyor,  who  shall  be 
appointed  by  the  Commissioner  of  Buildings  having  jurisdiction,  and 
one  Surveyor  who  shall  be  appointed  by  the  owner  or  owners  of  said 
premises.  In  case  these  two  Surveyors  do  not  agree,  they  shall  ap- 
point a  third  Surveyor  to  take  part  in  such  examination,  and  a  de- 
cision of  a  majority  of  them  reduced  to  writing  and  sworn  to,  shall  be 
conclusive,  and  such  building  shall  in  no  manner  be  repaired  or  re- 
built until  after  such  decision  shall  have  been  rendered. 

Sec.  146.  Frame  Buildings  Outside  of  Fire  Limits — The  provi- 
sions of  this  section  shall  apply  to  frame,  or  other  buildings  here- 
after erected  outside  of  the  fire  limits,  as  the  same  are  now  or  may 
hereafter  be  established,  in  portions  of  The  City  of  New  York  where 
streets  are  now  and  where  they  may  hereafter  be  legally  established. 
Three-story  frame  buildings  may  be  erected  to  a  height  of  40  feet, 
said  height  being  taken  from  the  curb-line,  where  same  exists,  at 
centre  of  front  or  side  of  building  on  which  main  entrance  to  upper 
floors  is  located.  Where  the  walls  of  a  building  do  not  adjoin  the 
street  then  the  average  level  of  the  ground  on  which  the  building 
stands  may  be  taken  in  place  of  the  curb-fine.  The  measurement  for 
height  shall  be  to  the  highest  point  of  roof  beams  in  case  of  flat  roof 
buildings,  and  to  the  average  height  of  gable  or  roof  in  case  of 
pitched  roofs.  Towers,  turrets  and  minarets  of  wood  may  be  erect- 
ed to  a  height  not  to  exceed  15  feet  greater  than  the  foregoing  limited 
height,  except  that  the  spires  of  churches  may  be  erected  of  wood  to 
a  height  not  exceeding  90  feet  from  the  ground.  All  footings  or  bot- 
tom stones  shall  be  at  least  6  inches  wider  on  each  side  than  bot- 
tom width  of  foundation  walls  above,  except  where  the  outside  of 
the  foundation  wall  sets  on  the  property  line,  in  which  case  6  inches 
wider  on  the  inside  shall  be  sufficient.  The  thickness  of  footings 
shall  be  not  less  than  8  inches,  if  of  stone,  and  not  less  than  12  inches 
if  of  concrete. 

Foundations  for  frame  structures  shall  be  laid  not  less  than  4 
feet  below  the  surface  of  the  earth  or  where  there  is  rock  bottom,  or 
piles  or  ranging  timbers  where  found  necessary.  The  foundation 
walls  of  frame  structures  exceeding  15  feet  in  height,  if  of  stone, 
shall  be  not  less  than  18  inches  thick,  and  if  of  brick  not  less  than  12 
inches  to  the  grade  and  8  inches  thick  to  the  first  tier  of  beams  and 
8  inches  thick  to  the  under  side  of  the  sill.  If  the  foundation  and 
first  story  walls  are  constructed  of  brick  the  foundation  walls  shall 
be  not  less  than  12  inches  thick  to  the  first  tier  of  beams  and  8  inches 
thick  from  first  tier  to  second  tier  of  beams;  or  if  these  walls  are 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  231 


constructed  of  stone  they  shall  be  not  less  than  20  inchs  for  the 
foundation  wall  and  18  inches  for  the  first  story  wall;  and  if  the 
walls  are  faced  with  stone  ashlar  the  total  thickness  shall  be  4 
inches  greater  than  in  this  section  specified.  In  the  foundation  walls 
there  may  be  recesses  not  more  than  8  feet  long  for  stairs,  with  brick 
walls  not  less  than  8  inches  thick.  All  chimneys  in  frame  buildings 
shall  be  built  of  brick  or  stone  or  other  fireproof  material.  If  of 
brick  the  flues  shall  have  walls  at  least  8  inches  thick,  except  where 
flues  are  lined  with  burnt-clay  pipe,  in  which  case  the  walls  around 
flues  may  be  4  inches  thick.  All  flue  linings  shall  extend  at  least  I 
foot  above  the  roof  boards.  Where  chimneys  are  built  of  stone  the 
walls  of  the  flues  shall  be  not  less  than  8  inches  on  all  sides,  and  shall 
be  lined  with  burnt-clay  pipe.  All  chimneys  shall  be  topped  out  at 
least  4  feet  above  the  highest  point  of  contact  with  the  roof,  and  be 
properly  capped.  Chimneys  in  party  walls  or  serving  two  rooms  on 
the  same  floor  may  be  built  in  the  walls  or  partitions;  elsewhere/they 
shall  be  built  inside  of  the  frame,  except  in  the  case  of  ornamental  or 
exposed  chimneys.  In  no  case  shall  a  frame  building  be  erected 
within  3  feet  of  the  side  or  rear  line  of  a  lot,  unless  the  space  between 
the  studs  on  any  such  side  be  filled  in  solidly  with  not  less  than  2  1-2 
inches  of  brickwork  or  other  fireproof  material.  When  two  or  more 
such  buildings  are  built  continuous,  the  party  or  division  studding 
shall  be  not  less  than  4  inches  thick  and  filled  in  solidly  with  brick- 
work or  other  fireproof  material  extending  to  the  under  side  of  roof 
boards,  and  the  ends  of  the  floor  beams  shall  be  so  separated  that  4 
inches  of  brick  will  be  between  the  beams  where  they  rest  on  said 
walls.  The  sills  of  all  frame  dwellings,  except  where  the  first  floor 
is  used  for  store  or  business  purposes,  shall  be  not  less  than  2  feet 
above  the  ground  to  the  under  side  of  same.  All  frame  or  wood 
buildings  exceeding  a  height  of  15  feet  shall  be  built  with  sills,  posts, 
girts,  plates  and  rafters,  all  of  suitable  size  and  properly  framed  and 
braced  with  suitable  studs  or  planks  set  at  proper  distance  apart;  but 
this  shall  not  prohibit  the  use  of  balloon  framing.  The  floor  beams 
and  rafters  shall  be  not  less  than  2  inches  in  thickness.  The  covering 
of  roof  may  be  of  shingle.  The  walls  of  light,  vent  and  dumb-waiter 
shafts,  whether  exterior  or  interior,,  in  frame  buildings,  may  be  con- 
structed of  frame.  Posts  or  locust  or  other  hard  wood  and  wood 
girders  may  be  used  instead  of  brick  fore-and-aft  partitions  in  cellars 
of  frame  buildings,  and  it  shall  not  be  necessary  to  use  metal  or  wire 
lath  for  the  ceilings  of  cellars  or  lowest  floors  of  any  frame  building. 
The  cellar  stairs  in  frame  buildings  may  be  placed  directly  under 
main  stairs,  and  no  brick  wall  shall  be  necessary  to  inclose  the  same; 
nor  shall  areas  be  required  to  be  built  across  the  front  of  frame 


232        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

buildings  except  where  the  cellar  or  basement  is  used  for  living  pur- 
poses. The  regulations  governing  plumbing,  drainage  and  heating, 
also  steam  and  hot-air  pipes  and  registers,  where  same  extend 
through  or  along  stud  partitions,  shall  also  apply  to  frame  buildings. 
Frame  buildings  may  be  altered,  extended,  raised,  or  repaired,  provid- 
ed the  new  portions  comply  with  the  provisions  of  this  section.  Xo 
frame  building  exceeding  3  stories  in  height  shall  hereafter  be  erect- 
ed to  be  occupied  by  more  than  6  families,  nor  shall  any  frame  build- 
ing already  erected  be  altered  to  be  occupied  by  more  than  six  fami- 
lies, nor  more  than  three  stories  in  height.  Outside  of  the  fire  limits, 
when  any  brick  or  stone  buildings  is  to  be  erected  of  a  class  that 
could,  under  this  Code,  be  constructed  of  wood,  the  Commissioner 
of  Buildings  having  jurisdiction  is  hereby  authorized  and  directed  to 
allow  reasonable  modifications  of  this  Code  relating  to  brick  build- 
ings, in  consideration  of  incombustible  material  being  used  for  walls 
instead  of  wood. 

Sec.  147.  Frame  Buildings;  Where  Streets  Are  Not  Established 
— Within  portions  of  The  City  of  New  York  where  streets  have  not 
been  or  are  not  legally  established  and  are  outside  of  the  prescribed 
fire  limits,  no  building  or  structure  other  than  small  outhouses  shall 
be  erected  without  first  filing  plans  and  a  detailed  statement  Of  the 
proposed  construction  and  obtaining  an  approval  therefore,  as  pro- 
vided in  section  4  of  this  Code.  Within  the  said  portions  of  The 
City  of  New  York,  hotels,  tenement  houses  for  occupancy  by  not 
more  than  six  families,  and  places  of  public  assembly  may  be  built  of 
wood,  shall'  in  all  other  respects  comply  with  the  several  provisions 
of  this  Code  relating  to  such  structures;  but  for  all  other  buildings 
or  .structures  only  so  much  of  the  requirements,  regulations  and  re- 
strictions of  this  Code  shall  apply  as  in  the  opinion  of  the  Commis- 
sioner of  Buildings  having  jurisdiction  may  be  necessary  for  the 
safety  and  health.  The  purpose  of  this  section  is  to  permit  greater 
freedom  in  construction  and  in  plumbing  and  drainage  of  buildings 
in  the  outlying  and  undeveloped  portions  of  The  City  of  New  York 
than  in  those  portions  where  a  street  system  has  been  adopted  by  the 
municipality  or  established  by  law. 

Part  29 — Appeals  and  Modifications  of  Law. 

Sec.  148.  The  Board  of  Buildings — Each  Commissioner  of  Build- 
ings shall  have  power,  with  the  approval  of  the  Board,  to  vary  or 
modify  any  rule  or  regulation  of  the  Board  of  the  provisions  of  Chap- 
ter 12  of  the  Greater  New  York  Charter  of  any  existing  law  or  ordi- 
nance relating  to  the  construction,  alteration  or  removal  of  any  build- 
ing or  structure  erected  or  to  be  erected  within  his  jurisdiction,  pur- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  233 

suant  to  the  provisions  of  section  650  of  the  Greater  New  York  Char- 
ter. 

Sec.  149.  Board  of  Examiners — The  Board  of  Examiners  for  the 
Boroughs  of  Manhattan  and  TheBronx  shall  be  constituted  as  pre- 
scribed by  section  649  of  the  Greater  New  York  Charter.  Each  of 
said  Examiners  shall  take  the  usual  oath  of  office  before  entering 
upon  his  duties.  No  member  of  said  Board  shall  pass  upon  any  ques- 
tion in  which  he  is  pecuniarily  interested.  The  said  Board  shall  meet 
as  often  as  once  in  each  week  upon  notice  from  the  Commissioner  of 
Buildings. 

The  members  of  said  Board  of  Examiners,  and  the  Clerk  of  said 
Board,  shall  each  be  entitled  to  and  shall  receive  $10  for  each  attend- 
ance at  a  meeting  of  said  Board,  to  be  paid  by  the  Comptroller  from 
the  annual  appropriation  to  be  made  therefor  upon  the  voucher  of 
the  Commissioner  of  Buildings  for  the  Boroughs  of  Manhattan  and 
The  Bronx. 

Part  30 — Violations  and  Penalties.    Courts  Having  Jurisdiction. 

Sec.  150.  Violations  and  Penalties — The  owner  or  owners  of  any 
building,  structure  or  part  thereof,  or  wall,  or  any  platform,  staging 
or  Mooring,  to  be  used  for  standing  or  seating  purposes  where  any 
violation  of  this  Code  shall  be  placed,  or  shall  exist,  and  any  architect, 
builder,  plumber,  carpenter  or  mason  who  may  be  employed  or  as- 
sist in  the  commission  of  any  such  violation,  and  any  and  all  per- 
sons who  shall  violate  any  of  the  provisions  of  this  Code  or  fail  to 
comply  therewith,  or  any  requirement  thereof,  or  who  shall  violate  or 
fail-  to  comply  with,  any  order  or  regulation  made  thereunder,  or  who 
shall  build  in  violation  of  any  detailed  statement  of  specifications  or 
plans,  submitted  and  approved  thereunder,  or  of  any  certificate  or 
permit  issued  thereunder,  shall  severally,  for  each  and  every  violation 
and  non-compliance,  respectively,  forfeit  and  pay  a  penalty  in  the 
sum  of  $50.  Except  that  any  such  person  who  shall  violate  any  of 
the  provisions  of  this  Code,  as  to  the  construction  of  chimneys,  fire- 
places, flues,  hot-air  pipes  and  furnaces,  or  who  shall  violate  any  of 
the  provisions  of  this  Code,  with  reference  to  the  framing  or  trim- 
ming of  timbers,  girders,  beams  or  other  woodwork  in  proximity  to 
chimney  flues  or  fire-places,  shall  forfeit  and  pay  a  penalty  m  the 
sum  of  $100.  But  if  any  said  violation  shall  be  removed  or  be  in  pro- 
cess of  removal  within  ten  days  after  the  service  of  a  notice  as  here- 
inafter prescribed,  the  liability  of  such  a  penalty  shall  cease,  and  the 
Corporation  Counsel,  on  request  of  the  Commissioner  of  Buildings 
having  jurisdiction,  shall  discontinue  any  action  pending  to  recover 
the  same,  upon  such  removal  or  the  completion  thereof  within  a  rea- 


234        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


sonable  time.  Any  and  all  of  the  afore-mentioned  persons  who  hav- 
ing been  served  with  a  notice  as  hereinafter  prescribed,  to  remove 
any  violation,  or  comply  with  any  requirement  of  this  Code  or  with 
any  order  or  regulation  made  thereunder,  shall  fail  to  comply  with 
said  notice  within  ten  days  after  such  service  or  shall  continue  to 
violate  any  requirement  of  this  Code  in  the  respect  named  in  said 
notice  shall  pay  a  penalty  of  $250.  For  the  recovery  of  any  said  pen- 
alty or  penalties  an  action  may  be  brought  in  any  municipal  court, 
or  court  of  record,  in  said  City  in  the  name  of  The  City  of  New 
York;  and  whenever  any  judgment  shall  be  rendered  therefor,  the 
same  shall  be  collected-  and  enforced,  as  prescribed  and  directed  by 
the  Code  of  Civil  Procedure  of  the  State  of  New  York.  The  Com- 
missioner of  Buildings  having  jurisdiction,  through  the  Corporation 
Counsel,  is  hereby  authorized,  in  his  discretion,  good  and  sufficient 
cause  being  shown  therefor,  to  remit  any  line  or  fines,  penalty  or 
penalties,  which  any  person  or  persons  may  have  incurred,  or  may 
hereafter  incur,  under  any  of  the  provisions  of  this  Code;  but  no  fine 
or  penalty  shall  be  remitted  for  any  such  violation  until  the  violation 
shall  have  been  removed.  Said  remission  shall  also  operate  as  the 
remission  of  the  costs  obtained  in  such  action. 

Sec.  151.  Courts  Having  Jurisdiction — All  courts  of  civil  juris- 
diction in  The  City  of  New  York  shall  have  cognizance  of  and  juris- 
diction over  any  and  all  suits  and  proceedings  by  this  Code  author- 
ized to  be  brought  for  the  recovery  of  any  penalty  and  the  enforce- 
ment of  any  of  the  several  provisions  of  this  Code,  and  shall  give 
preference  to  such  suits  and  proceedings  over  all  others,  and  no  court 
shall  lose  jurisdiction  of  any  action  by  reason  of  a  plea  that  the  title 
to  real  estate  is  involved,  provided  the  object  of  the  action  is  to  re- 
cover a  penalty  for  the  violation  of  any  of  the  provisions  of  this  Code, 
The  Corporation  Counsel  is  authorized  to  institute  any  and  all  ac- 
tions and  proceedings,  either  legal  or  equitable  that  may  be  appro- 
priate or  necessary  for  the  enforcement  of  the  provisions  of  this 
Code,  and  all  civil  courts  in  said  City  are  hereby  invested  with  full 
legal  and  equitable  jurisdiction  to  hear,  try  and  determine  all  such  ac- 
tions and  proceedings,  and  to  make  appropriate  orders  and  render 
judgment  therein  according  to  law,  so  as  to  give  force  and  effect  to 
the  provisions  of  this  Code.  Whenever  the  Commissioner  of  Build- 
ings having  jurisdiction  is  satisfied  that  any  building  or  structure,  or 
any  portion  thereof,  or  any  drainage  or  plumbing,  the  erection,  con- 
struction or  alteration,  execution  or  repair  of  which  is  regulated,  per- 
mitted or  forbidden  by  this  Code,  is  being  erected,  constructed,  altered 
or  repaired,  in  violation  of,  or  not  in  compliance  with,  any  of  the 
provisions  or  requirements  of  this  Code,  or  in  violation  of  any  detailed 


ORDINANCES  OF  THE  CITY  OK  NEW  YORK.  235 


statement  of  specifications  or  plans  submitted  and  approved  thereun- 
der, or  of  any  certificate  or  permit  issued  thereunder,  or  that  any  pro- 
vision or  requirement  of  this  Code,  or  any  order  or  direction  made 
thereunder  has  not  been  complied  with,  or  that  plans  and  specifica- 
tions for  plumbing  and  drainage  have  not  been  submitted  or  filed  as 
required  by  this  Code,  the  Commissioner  of  Buildings  having  jurisdic- 
tion may  in  his  discretion,  through  the  Corporation  Counsel,  institute 
any  appropriate  action  or  proceeding  at  law  or  in  equity  to  restrain, 
correct  or  remove  such  violation,  or  the  execution  of  any  work  there- 
on, or  to  restrain  or  correct  the  erection  or  alteraion  of,  or  to  require 
the  removal  of,  or  to  prevent  the  occupation  or  use  of  the  building  or 
structure  erected,  constructed  or  altered,  in  violation  of,  or  not  in 
compliance  with,  any  of  the  provisions  of  this  Code,  or  of  any  order 
or  direction  made  pursuant  to  any  provisions  contained  in  this  Code, 
shall  not  have  been  complied  with.  In  any  such  action  or  proceeding 
The  City  of  New  York  may,  in  the  discretion  of  the  Commissioner  of 
Buildings  having  jurisdiction  and  on  his  affidavit  setting  forth  the 
facts,  apply  to  any  court  of  record  in  said  City  or  to  a  judge  or  justice 
thereof,  for  an  order  enjoining  and  restraining  all  persons  from  doing, 
or  causing  or  permitting  to  be  done,  any  work  in  or  upon  such  build- 
ing or  structure,  or  in  or  upon  such  part  thereof  as  may  be  designated 
in  said  affidavit,  or  from  occupying  or  using  said  building  or  structure, 
or  such  portion  thereof  as  may  be  designated  in  said  affidavit  for  any 
purpose  whatever,  until  the  hearing  and  determination  of  said  action 
and  the  entry  of  final  judgment  therein.  The  court,  or  judge  or  justice 
thereof,  to  whom  such  application  is  made,  is  hereby  authorized 
forthwith  to  make  any  or  all  of  the  orders  above  specified,  as  may  be 
required  in  such  application,  with  or  without  notice,  and  to  make  such 
other  or  further  orders  or  directions  as  may  be  necessary  to  render 
the  same  effectual.  No  officer  of  said  Department  of  Buildings  act- 
ing in  good  faith  and  without  malice  shall  be  liable  for  damages  by 
reason  of  anything  done  in  any  such  action  or  proceeding.  No  under- 
taking shall  be  required  as  a  condition  to  the  grating  or  issuing  of 
such  injunction  order,  or  by  reason  thereof.  All  courts  in  which  any 
suit  or  proceeding  is  instituted  under  this  Code  shall,  upon  the  rendi- 
tion of  a  verdict,  report  of  a  referee,  or  decision  of  a  judge  or  justice, 
render  judgment  in  accordance  therewith;  and  the  said  judgment,  so 
rendered,  shall  be  and  become  a  lien  upon  the  premises  named  in  the 
complaint  in  any  such  action,  to  date  from  the  time  of  filing  in  a 
County  Clerk's  office  in  The  City  of  New  Yrork,  where  the  property 
affected  by  such  action,  suit,  or  proceeding,  is  located,  of  a  notice  of 
lis  pendens  therein;  which  lien  .may  be  enforced  against  said  property, 
in  every  respect,  nothwithstanding  the  same  may  be  transferred  subse- 


236        ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 


quent  to  the  filing  of  the  said  notice.  Said  notice  of  lis  pendens  subse- 
consist  of  a  copy  of  the  notice  issued  by  the  Commissioner  of  Build- 
ings having  jurisdiction  requiring  the  removal  of  the  violation  and  a 
notice  of  the  suit  or  proceedings  instituted  or  to  be  insituted  thereon, 
and  said  notice  of  lis  pendens  may  be  filed  at  any  time  after  the  ser- 
vice of  the  notice  issued  by  the  Commissioner  of  Buildings  as  afore- 
said, provided  he  may  deem  the  same  to  be  necessary,  or  is  satisfied 
that  the  owner  of  the  property  is  about  to  transfer  the  same  to  avoid 
responsibility  for  having  violated  the  provisions  of  this  Code  or  some 
one  of  its  provisions.  Any  notice  of  lis  pendens  filed  pursuant  to  the 
provisions  of  this  Code  may  be  vacated  and  canceled  of  record;  upon 
an  order  of  a  judge  or  justice  of  the  court  in  which  such  suit  or  pro- 
ceeding was  instituted  or  is  pending,  or  upon  the  consent  in  writing 
of  the  Corporation  Counsel,  and  the  clerk  of  the  said  county  where 
such  notice  is  filed,  is  hereby  directed  and  required  to  mark  any  such 
notice  of  lis  pendens  and  any  record  or  docket  thereof  as  vacated  and 
canceled  of  record,  upon  the  presentation  and  filing  of  a  certified  copy 
of  an  order  as  aforesaid,  or  of  the  consent,  in  writing,  of  said  Cor- 
poration Counsel,  in  no  case  shall  the  said  Department  of  Buildiners, 
or  any  officer  thereof,  or  the  Corporation  of  The  City  of  New  York, 
or  any  defendant,  be  liable  for  costs  in  any  action,  suit  or  proceedings 
that  may  have  been,  or  may  hereafter  be,  instituted  or  commenced  in 
pursuance  of  this  Code,  unless  specially  ordered  and  allowed  against 
any  defendant  or  defendants,  by  a  court  of  justice,  in  the  course  of 
such  action,  suit  or  proceeding. 

Sec.  152.  Notice  of  Violations  of  Code;  Service  of  Papers — All 
notices  of  the  violation  of  any  of  the  provisions  of  this  Code,  and  all 
notices  directing  anything  to  be  done,  required  by  this  Code,  and  all 
other  notices  that  may  be  required  or  authorized  to  be  issued  thereun- 
der, including  notice  that  any  building,  structure,  premises,  or  any 
part  thereof,  are  deemed  unsafe  or  dangerous,  shall  be  issued  by  the 
Commissioner  of  Buildings  having  jurisdiction,  and  shall  have  his 
name  affixed  thereto  and  may  be  served  by  any  officer  or  employee  of 
the  Department  of  Buildings  or  by  any  person  authorized  by  the  said 
Department.  All  such  notices,  and  any  notice  or  order  issued  by  any 
court  in  any  proceeding  instituted  pursuant  to  this  Code  to  restrain  or 
remove  any  violation,  or  to  enforce  compliance  with  any  provision  or 
requirement  of  this  Code,  may  be  served  by  delivering  to  and  leaving 
a  copy  of  the  same  with  any  person  or  persons  violating,  or  who  may 
be  liable  under  any  of  the  several  provisions  of  this  Code,  or  to  whom 
the  same  may  be  addressed,  and  if  such  person  or  persons  cannot  be 
found  after  diligent  search  shall  have  been  made  for  him  or  them, 
then  such  notice  or  order  may  be  served  by  posting  the  same  in  a  con- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


237 


spicuous  place  upon  the  premises  where  such  violation  is  alleged  ta 
have  been  placed  or  to  exist,  or  to  which  such  notice  or  order  may 
refer,  or  which  may  be  deemed  unsafe  or  dangerous,  which  shall  be 
equivalent  to  a  personal  service  of  said  notice  or  order  upon  all  parties 
for  whom  such  search  shall  have  been  made.  Such  notice  or  order 
shall  contain  a  description  of  the  building,  premises  or  property  on 
which  such  violation  shall  have  been  put  or  may  exist,  or  which  may 
be  deemed  unsafe  or  dangerous,  or  to  which  such  notice  or  order  may 
refer.  If  the  person  or  persons  or  any  of  them,  to  whom  said  notice 
or  order  is  addressed,  do  not  reside  in  the  State  of  New  York,  and 
have  no  known  place  of  business  therein,  the  same  may  be  served  by 
delivering  to  and  leaving  with  such  person  or  persons,  or  either  of 
them,  a  copy  of  said  notice  or  order,  or  if  said  person  or  persons  can- 
not be  found  within  said  State  after  diligent  search,  then  by  posting 
a  copy  of  same  in  manner  as  aforesaid  and  depositing  a  copy  there- 
of in  a  post  office  in  The  City  of  New  YTork,  inclosed  in  a  sealed 
wrapper  addressed  to  said  person  or  persons  at  his  or  their  last  known 
place  of  residence,  with  the  postage  paid  thereon;  and  said  posting 
and  mailing  of  a  copy  of  said  notice,  or  order  shall  be  equivalent  to 
personal  service  of  said  notice  or  order. 

Part  31 — Unsafe  Buildings,  Surveys,  Court  Proceedings. 

Sec.  153.  Unsafe  Buildings — Any  building  or  buildings,  part  or 
parts  of  a  building,  staging  or  other  structure  in  The  City  of  New 
York,  that  trom  any  cause  may  now  be,  or  shall  at  any  time  hereafter 
become  dangerous  or  unsafe,  may  be  taken  down  and  removed,  or 
made  safe  and  secure,  in  the  manner  following:  Immediately  upon 
such  unsafe  or  dangerous  building  or  buildings,  or  part  or  parts  of  a 
building,  staging  or  structure  being  so  reported  by  any  of  the  offi- 
cers of  said  Department  of  Buildings,  the  same  shall  be  immediately 
entered  upon  a  docket  of  unsafe  buildings  to  be  kept  by  the  Commis- 
sioner of  Buildings  having  jurisdiction;  and  the  owner  or  some  one  of 
the  owners,  executors,  administrators,  agents,  lessees  or  any  other 
person  or  persons  who  may  have  a  vested  or  contingent  interest  in 
the  same,  may  be  served  with  a  printed  or  written  notice  containing  a 
description  of  the  premises  or  structure  deemed  unsafe  or  dangerous, 
requiring  he  same  to  be  made  safe  and  secure,  or  removed,  as  the 
same  may  be  deemed  necessary  by  the  Commissioner  of  Buildings 
having  jurisdiction,  which  said  notice  shall  require  the  person  or  per- 
sons thus  served  to  immediately  certify  to  the  said  Commissiojier  his 
or  their  assent  or  refusal  to  secure  or  remove  the  same. 

Sec.  154.  Surveys  on  Unsafe  Buildings — If  the  person  or  persons 
so  served  with  notice  shall  immediately  certify  his  or  their  assent  ta 


238        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

the  securing  or  removal  of  said  unsafe  or  dangerous  buildings,  prem- 
ises or  structure,  he  or  they  shall  be  allowed  until  i  o'clock  p.  m.  of 
the  day  following  the  service  of  such  notice,  in  which  to  commence 
the  securing  or  removal  of  the  same;  and  he  or  they  shall  employ  suf- 
ficient labor  and  assistance  to  secure  or  remove  the  same  as  expediti- 
ously as  the  same  can  be  done;  but  upon  his  or  their  refusal  or  neg- 
lect to  comply  with  any  of  the  requirements  of  said  notice  so  served 
a  further  notice  shall  be  served  upon  the  person  or  persons  hereto- 
fore prescribed,  notifying  him  or  them  that  a  survey  of  the  premises 
named  in  the  said  notice  will  be  made  at  the  time  and  place  therein 
named,  which  time  may  not  be  less  than  twenty-four  hours  nor  more 
than  three  days  from  the  time  or  the  service  of  said  notice,  by  three 
competent  persons,  one  of  whom  shall  be  the  Commissioner  of  Build- 
ings having  jurisdiction,  or  a  Superintendent  of  Buildings  or  an  In- 
spector, designated  in  writing  by  said  Commissoner,  another  of  whom 
shall  be  an  architect,  appointed  by  the  Xew  York  Chapter  of  the 
American  Institute  of  Architects  for  the  Boroughs  of  Manhattan,  The 
Bronx  and  Richmond,  and  by  the  Brooklyn  Chapter  of  the  American 
Institute  of  Architects  for  the  Boroughs  of  Brooklyn  and  Queens,  de- 
pending upon  the  borough  or  boroughs  in  which  the  property  is  lo- 
cated, another  of  whom  shall  be  appointed  by  the  person  or  persons 
thus  notified,  and  who  shall  be  a  practical  builder  or  architect,  upon 
whose  neglect  or  refusal  to  appoint  such  surveyor,  however,  the  said 
other  two  surveyors  may  make  such  survey,  and  in  case  of  a  disagree- 
ment of  the  latter,  they  shall  appoint  a  third  person  to  take  part  in 
such  survey,  who  shall  also  be  a  practical  builder  or  architect  of  at 
least  ten  years'  practice,  and  the  decision  of  the  said  surveyor  shall 
be  final;  and  that  in  case  the  said  premises  shall  be  reported  unsafe  or 
dangerous  under  such  survey,  the  said  report  will  be  placed  before  a 
court  therein  named  having  jurisdiction  to  the  extent  of  $1,000,  and 
that  a  trial  upon  the  allegations  and  statements  in  said  report  be 
the  report  of  said  surveyors  more  or  less  than  is  contained  in  the 
said  notice  of  survey,  will  be  had  before  said  court  at  a  time  and  place 
therein  named,  to  determine  whether  said  unsafe  or  dangerous  build- 
ing or  premises  shall  be  repaired  and  secured  or  taken  down  and  re- 
moved, and  a  report  of  said  survey,  reduced  to  writing,  shall  consti- 
tute the  issue  to  be  placed  before  the  court  for  trial.  A  copy  of  said 
report  of  survey  shall  be  posted  on  the  building  by  the  persons  hold- 
ing the  survey,  immediately  on  their  signing  the  same.  The  architect 
appointed  by  the  Chapters  of  the  American  Institute  of  Architects  as 
here'nbefore  provided  who  may  act  on  any  survey  called  in  accord- 
ance with  the  provisions  of  this  Code,  shall  be  entitled  to  and  receive 
the  sum  of  $25,  to  be  paid  by  the  Comptroller  upon  the  voucher  of 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


the  Board  of  Buildings.  And  a  cause  of  action  is  hereby  created  for 
the  benefit  of  The  City  of  New  York  against  the  owner  or  owner-  of 
said  building,  staging  or  structure,  and  of  the  lot  or  parcel  of  land  •  n 
which  the  same  is  situated,  for  the  amount  so  paid  with  interest, 
which  shall  be  prosecuted  in  the  name  of  The  City  of  New  Y^ork  by 
the  Corporation  Counsel.  The  amount  so  collected  shall  be  paid  over 
to  the  Comptroller  in  reimbursement  of  the  amounts  paid  by  him  as 
aforesaid. 

Sec.  155.  Court  Procedings — Whenever  jthe  report  of  any  such 
survey  had  as  aforesaid  shall  recite  that  the  building,  premises  or 
structure  thus  surveyed  is  unsafe  or  dangerous,  the  Corporation 
Counsel  of  The  City  of  New  York  shall  at  the  time  in  the  said  notice 
named,  place  said  notice  and  report  before  the  Judge  or  Justice  hold- 
ing a  Special  Term  of  the  Court,  in  the  said  notice  named,  which  said 
Judge  or  Justice  shall  immediately  proceed  to  obtain  and  impanel  a 
jury,  and  to  the  trial  of  said  issue  before  said  jury,  whose  verdict 
shall  be  exclusive  and  final,  and  shall  try  said  issue  without  adjourn- 
ment, except  as  may  be  necessary  from  day  to  day,  giving  precedence 
to  the  trial  of  this  issue  over  every  other  business,  and  said  Judge  or 
Justice  shall  have  power  to  impanel  a  jury  for  that  purpose  from  any 
jurors  in  attendance  upon  said  Court,  or  in  case  sufficient  jurors  shall 
not  be  in  attendance,  then  from  any  jurors  that  may  be  summoned 
for  that  purpose,  and  said  Judge  or  Justice  shall  have  power  to  sum- 
mon jurors  for  that  purpose,  and  any  such  suit  or  proceeding  com- 
menced before  a  Judge  or  Justice  may  be  continued  before  another 
Judge  or  Justice  of  the  same  Court;  a  jury  trial  may  be  waived  by  the 
default  of  the  defendant  or  defendants  to  appear  at  the  time  and  place 
named  in  the  said  notice,  or  by  agreement,  and  in  such  case  the  trial 
may  be  by  Court,  Judge,  Justice  or.  Referee,  whose  report  or  decision 
in  the  matter  shall  be  final;  and  upon  the  rendition  of  a  verdict  or 
decision  of  the  Court,  Judge,  Justice  or  Referee,  if  the  said  verdict  or 
decision  shall  find  the  said  building,  premises  or  structure  to  be  un- 
safe or  dangerous,  the  Judge  or  Justice  trying  said  cause,  or  to  whom 
the  report  of  the  Referee  trying  said  cause  shall  be  presented,  shall 
immediately  issue  a  precept  out  of  said  Court,  directed  to  the  Com- 
missioner of  Buildings  having  jurisdiction,  reciting  said  verdict  or  de- 
cision, and  commanding  him  forthwith  to  repair  and  secure  or  take 
down  or  remove,  as  the  case  may  be,  in  accordance  with  said  verdict 
or  decision,  said  unsafe  or  dangerous  building,  buildings,  part  or 
parts  thereof,  staging,  structure  or  other  premises  that  shall  have 
been  named  in  the  said  report,  and  said  Commissioner  of  Buildings 
shall  immediately  thereupon  proceed  to  execute  said  precept  as  there- 
in directed,  and  may  employ  such  labor  and  assistance  and  furnish 


240        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


such  materials  as  may  be  necessary  for  that  purpose,  and  after  having 
done  so  said  Commissioner  of  Buildings  shall  make  return  of  said 
precept,  with  an  endorsement  of  the  action  thereunder  and  the  cost 
and  expenses  thereby  incurred,  to  the  Judge  or  Justice  then  holding 
the  said  Special  Term  of  the  said  Court,  and  thereupon  said  Judge  or 
Justice  shall  tax  and  adjust  the  amount  indorsed  upon  said  precept, 
and  shall  adjust  and  allow  disbursements  of  said  proceeding,  together 
with  the  preliminary  expenses  of  searches  and  surveys,  which  shall  be 
inserted  in  the  judgment  in  said  action  or  proceeding,  and  shall  ren- 
der judgement  for  such  amount,  and  for  the  sale  of  the  said  premises 
in  the  said  notice  named,  together  with  all  the  right,  title  and  interest 
that  the  person  or  persons,  or  either  of  them,  named  in  the  said 
notice  had  in  the  plot,  ground  or  land  upon  which  the  said  building 
or  structure  was  placed,  at  the  time  of  the  tiling  of  a  notice  of  lis 
pendens  in  the  said  proceedings,  or  at  the  time  of  the  entry  of  judg- 
ment therein  to  satisfy  the  same,  which  shall  be  in  the  same  manner 
and  with  like  effect  as  sales  under  judgment  in  foreclosure  of  mort- 
gages, and  in  and  about  all  preliminary  proceedings  as  well  as  the 
tarrying  into  effect  any  order  of  the  Court  or  any  precept  issued  by 
any  Court,  said  Commissioner  of  Buildings  may  make  reqnistion  up- 
on the  Comptroller  of  The  City  of  Xew  York  for  such  amount  or 
amounts  of  money  as  shall  be  necessary  to  meet  the  expenses  thereof; 
and  upon  the  same  being  approved  by  any  Judge  or  Justice  of  the 
Court  from  which  the  said  order  or  precept  was  issued  and  presented 
to  said  Comptroller,  he  shall  pay  the  same,  and  for  that  purpose  shall 
borrow  and  raise,  upon  Revenue  Bonds,  to  be  issued  as  provided  in 
section  188  of  the  Greater  Xew  York  Charter,  the  several  amounts 
that  may  from  time  to  time  be  required,  which  shall  be  reimbursed 
by  the  payment  and  interest  at  6  per  cent,  out  of  the  judgment  or 
judgments  obtained  as  aforesaid,  if  the  same  shall  be  collected.  In 
case  said  issue  shall  not  be  tried  at  the  time  specified  in  said  notice, 
or  to  which  the  trial  may  be  adjourned,  the  same  may  be  brought  to 
trial  at  any  time  thereafter  by  the  said  Commissioner  of  Buildings, 
without  a  new  survey,  upon  not  less  than  three  days'  notice  of  trial 
to  the  person  or  persons  upon  whom  the  original  notice  was  served, 
or  to  his  or  their  attorney,  which  notice  of  trial  may  be  served  in  the 
same  manner  as  said  original  notice.  The  notice  of  lis  pendens  pro- 
vided for  in  this  section  shall  consist  of  a  copy  of  said  notice  of  sur- 
vey, and  shall  be  filed  in  the  office  of  a  County  Clerk  in  The  City  of 
New  York,  in  the  County  where  the  property  affected  by  such  action, 
suit  or  proceeding  is  located.  Provided,  nevertheless,  that  immediately 
upon  the  issuing  of  said  precept,  the  owner  or  owners  of  said  build- 
ing, staging  or  structure,  or  premises,  or  any  party  interested  therein, 
upon  application  to  the  Commissioner  of  Buildings,  shall  be  allowed 


ORDINANCES  OF  THE  CITY  OK  NEW  YORK.  24r 


to  perform  the  requirements  of  said  precept  at  his  or  their  own  pro- 
per cost  and  expense,  provided  the  same  shall  be  done  immediately 
and  in  accordance  with  the  requirements  of  said  precept,  upon  the 
payment  of  all  costs  and  expenses  incurred  up  to  that  time,  and  pro- 
vided further,  that  the  Commissioner  of  Buildings  having  jurisdiction 
shall  have  authority  to  modify  the  requirements  of  said  precept  upon 
application  to  him  therefor,  in  writing,  by  the  owner  or  owners  of 
said  building,  staging  or  structure,  or  his  or  their  representative,  when 
he  shall  be  satisfied  that  such  change  shall  secure  equally  well  the 
safety  of  said  building,  staging  or  structure. 

Sec.  156.  Application  for  Order  to  Remove  Violations  and  to 
Vacate  Buildings — In  case  any  notice  or  direction  authorized  to  be 
issued  by  this  Code  is  not  complied  with  within  the  time  designated 
in  said  notice,  The  City  of  New  York,  by  the  Corporation  Counsel, 
may,  at  the  request  of  the  Commissioner  of  Buildings  having  juris- 
diction, apply  to  the  Supreme  Court  of  New  York,  at  a  special  term 
thereof,  for  an  order  directing  said  Commissioner  to  proceed  to  make 
the  alterations  or  remove  the  violation  or  violations,  as  the  same  may 
be  specified  in  said  notice  or  direction.  Whenever  any  notice  or  di- 
rection so  authorized,  shall  have  been  served  as  directed  in  this  Code, 
an^l  the  same  shall  not  have  been  complied  with  within  the  time 
designated  therein,  the  Corporation  Counsel  may,  at  the  request  of 
the  Commissioner  of  Buildings  having  jurisdiction,  in  addition  to,  or 
in  lieu  of  the  remedy  last  above  provided,  apply  to  the  Supreme 
Court  of  New  York,  at  a  special  term  thereof,  for  an  order  directing 
the  said  Commissioner  to  vacate  such  building  or  premises,  or  so 
much  thereof  as  said  Commissioner  may  deem  necessary,  and  pro- 
hibiting the  same  to  be  used  or  occupied  for  any  purpose  specified  in 
said  order  until  such  notice  shall  have  been  complied  with.  The  ex- 
penses and  disbursements  incurred  in  the  carrying  out  of  any  said 
order  or  orders,  shall  become  a  lien  upon  said  building  or  premises 
named  in  the  said  notice,  from  the  time  of  filing  of  a  copy  of  the 
said  notice,  with  a  notice  of  the  pendency  of  the  action  or  proceeding 
as  provided  in  this  Code,  taken  thereunder,  in  the  office  of  the  Clerk 
of  the  County  where  the  property  affected  by  such  action,  suit  or  pro- 
ceeding is  located;  and  the  said  Supreme  Court,  or  a  judge  or  justice 
thereof,  to  whom  application  shall  be  made,  is  hereby  authorized  and 
directed  to  grant  any  of  the  orders  above  named,  and  to  take  such 
proceedings  as  shall  be  necessary  to  make  the  same  effectual,  and  any 
said  judge  or  justice  to  whom  application  shall  be  made  is  hereby 
authorized  and  directed  to  enforce  such  lien  in  accordane  with  the 
mechanics  lien  laws  applicable  to  The  City  of  New  York;  and  in  case 
any  of  the  notices  herein  mentioned  shall  be  served  upon  any  lessee 


242        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

or  party  in  possession  of  the  building  or  premises  therein  described, 
it  shall  be  the  duty  of  the  person  upon  whom  such  service  is  made  to 
give  immediate  notice  to  the  owner  or  agent  of  said  building  named 
in  the  notice,  if  the  same  shall  be  known  to  the  said  person  personal- 
ly, if  such  person  shall  be  within  the  limits  of  The  City  of  New  York, 
and  his  residence  known  to  such  person,  and  if  not  within  said  City, 
then  by  depositing  a  copy  of  said  notice  in  any  post  office  in  The 
City  of  New  York,  properly  inclosed  and  addressed  to  such  owner  or 
agent,  at  his  then  place  of  residence,  if  known,  and  by  paying  the 
postage  thereon;  and  in  case  any  lessee  or  party  in  possession  shall 
neglect  or  refuse  to  give  such  notice  as  herein  provided,  he  shall  be 
personally  liable  to  the  owner  or  owners  of  said  building  or  premises 
for  all  damages  he  or  they  shall  sustain  by  reason  thereof. 

Part  32 — Recovery  of  Bodies  Under  Fallen  Buildings. 

Sec.  157.  Recovery  of  Bodies  Under  Fallen  Buildings — In  case  of 
the  falling  of  any  building  or  part  thereof  in  The  City  of  New  York, 
where  persons  are  known  or  believed  to  be  buried  under  the  ruins 
thereof,  it  shall  be  the  duty  of  the  Fire  Department  to  cause  an  ex- 
amination of  the  premises  to  be  made  for  the  recovery  of  the  bodies 
of  the  killed  or  injured.  Whenever,  in  making  such  examination,  it 
shall  be  necessary  to  remove  from  the  premises  any  debris,  it  shalPbe 
the  duty  of  the  Commissioners  of  the  Department  of  Docks,  of  the 
Department  of  Parks,  of  the  Department  of  Highways,  and  of  the 
Department  of  Street  Cleaning,  when  called  on  by  the  Department  of 
Buildings  to  co-operate,  to  provide  a  suitable  and  convenient  dumping 
place  for  the  deposit  of  such  debris.  In  case  there  shall  be  in  the 
opinion  of  the  Department  of  Buildings,  actual  and  immediate  danger 
of  the  falling  of  any  building  or  part  thereof  so  as  to  endanger  life 
or  property,  said  Department  shall  cause  the  necessary  work  to  be 
done  to  render  said  building  or  part  thereof  temporarily  safe  until 
the  proper  proceedings  can  be  taken,  as  in  the  case  of  an  unsafe  build- 
ing, as  provided  for  in  this  Code.  The  Department  of  Buildings  is 
hereby  authorized  and  empowered  in  such  cases,  and  also  where  any 
building  or  part  thereof  has  fallen,  and  life  is  endangered  by  the  oc- 
cupation thereof,  to  order  and  require  the  inmates  and  occupants  of 
such  building  or  part  thereof  to  vacate  the  same  forthwith  and  said 
Department  may,  when  necessary  for  the  public  safety,  temporarily 
close  the  sidewalks  and  streets  adjacent  to  such  building  or  part 
thereof,  and  prohibit  the  same  from  being  used,  and  the  Police  De- 
partment, when  called  upon  by  the  said  Department  of  Buildings  to 
co-operate,  shall  enforce  such  orders  or  requirements.  For  the  afore- 
said purposes  the  said  Fire  Department,  or  the  Department  of  Build- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  243 


ings,  as  the  case  may  be,  shall  employ  such  laborers  and  materials  as 
may  be  necessary  to  perform  said  work  as  speedily  as  possible. 

Sec.  157A.  In  case  there  shall  be,  in  the  opinion  of  the  Borough 
President  or  Superintendent  of  Buildings  in  any  Borough  having 
jurisdiction,  danger  to  life  or  property  by  reason  of  any  defective  or 
illegal  work,  or  work  in  violation  of  or  not  in  compliance  with  any 
of  the  provisions  or  requirements  of  this  Code,  the  said  Borough 
President  or  Superintendent  of  Buildings  or  such  person  as  may  be 
designated  by  him  shall  have  the  right  and  he  is  hereby  authorized 
and  empowered  to  order  all  further  work  to  be  stopped  in  and  about 
said  building,  and  to  require  all  persons  in  and  about  said  building 
forthwith  to  vacate  the  same,  and  to  cause  such  work  to  be  done  in 
and  about  the  building  as  in  his  judgment  may  be  necessary  to  re- 
move and  danger  therefrom.  And  said  Borough  President  or  Super- 
intendent of  Buildings  may,  when  necessary  for  the  public  safety, 
temporarily  close  the  sidewalks  and  the  streets  adjacent  to  said  build- 
ing, or  part  thereof,  and  the  Police  Department,  when  called  upon  by 
the  said  Borough  President  or  Superintendent  of  Buildings  to  co- 
operate, shall  enforce  such  orders  or  requirements. 
Part  33 — Fund  for  Use  and  Benefit  of  the  Department  of  Buildings. 

Sec.  158.  Fund  for  Use  and  Benefit  of  the  Department  of  Build- 
ings— The  Corporation  Counsel  shall  sue  for  and  collect  all  penalties 
and  take  charge  of  and  conduct  all  legal  proceedings  imposed  or  pro- 
vided for  by  this  Code;  and  all  suits  or  proceedings  instituted  for  the 
enforcement  of  any  of  the  several  provisions  of  the  preceding  sec- 
tions of  this  Code  or  for  the  recovery  of  any  penalty  thereunder  shall 
be  brought  in  the  name  of  The  City  of  New  York  by  the  Corporation 
Counsel,  to  whom  all  notices  of  violation  shall  be  returned  from 
prosecution,  and  it  shall  be  his  duty  to  take  charge  of  the  prosecution 
of  all  such  suits  or  proceedings,  collect  and  receive  all  moneys  that 
may  be  collected  upon  judgments,  suits  or  proceedings  so  instituted, 
or  which  may  be  paid  by  any  parties  -who  have  violated  any  of  the 
provisions  of  this  Code,  and  upon  settlement  of  judgment  and  re- 
moval of  violations  thereunder,  execute  satisfaction  therefor.  He 
shall,  on  the  first  day  of  each  and  every  month,  render  to  each  Com- 
missioner of  Buildings  an  account  of  and  pay  over  to  the  Commis- 
sioner having  jurisdiction  the  amount  of  such  penalties  and  costs  re- 
ceived by  him,  together  with  his  bill  for  all  necessary  disbursements 
incurred  or  paid  in  said  suits,  keeping  a  separate  account  for  each 
Commissioner,  and  each  Commissioner  shall  pay  over  monthly  the 
amount  of  such  penalties  and  costs  so  collected  to  the  Comptroller 
of  The  City  of  New  Y'ork  as  a  fund  for  the  use  and  benefit  of  the 
Department  of  Buildings  for  the  purpose  of  paying  any  expense  in- 


244 


ORDINANCES  OF  THE  CITY  OF  XEW  YORK. 


curred  by  said  Department,  under  section  157  of  this  Code,  and  also 
for  the  purpose  of  carrying  into  effect  any  order  or  precept  issued 
by  any  Court,  or  judge  or  justice  thereof,  in  this  Code  named,  to  any 
Commissioner  of  Buildings,  and  upon  the  requisition  of  the  Commis- 
sioner of  Buildings  having  jurisdiction,  said  Comptroller  shall  pay 
such  sum  or  sums  as  may  be  allowed  and  adjusted  by  any  court  of 
record,  or  a  judge  or  justice  thereof,  for  such  purposes,  as  far  as  the 
same  may  be  in  his  hands.  A  separate  account  shall  be  kept  by  the 
Comptroller  of  the  moneys  paid  to  him  by  each  Commissioner,  and 
no  such  moneys  shall  be  paid  for  such  purpose  to  any  of  said  Com- 
missioners except  from  the  account  of  the  funds  received  from  him. 
Part  34 — Seal.    Officers  of  Department  May  Enter  Buildings. 

Sec.  159.  Seal — The  Board  of  Buildings  may  adopt  a  seal  and 
direct  its  use  in  the  Department  of  Buildings. 

Sec.  160.  Officers  of  Department  May  Enter  Buildings — All  of- 
ficials of  the  Department  of  Buildings,  so  far  as  it  may  be  necessary 
for  the  performance  of  their  respective  duties,  have  the  right  to  enter 
any  building  or  premises  in  said  City,  upon  showing  their  badge  of 
office. 

Part  35 — Existing  Suits  and  Liabilities.    Invalidity  of  One  Section 
Not  to  Invalidate  Any  Other. 

Sec.  161.  Existing  Suits  and  Liabilities — Nothing  in  this  Code 
contained  shall  be  construed  to  affect  any  suit  or  proceeding  now 
pending  in  any  court,  or  any  rights  acquired  or  liability  incurred,  nor 
any  cause  or  causes  of  action  accrued  or  existing,  under  any  act  or 
ordinance  repealed  hereby.  Nor  shall  any  right  or  remedy  of  any 
character  be  lost,  impaired  or  affected  by  this  Code. 

Sec.  162.  Invalidity  of  One  Section  Not  in  Invalidate  Any  Other 
— The  invaldity  of  any  section  or  provision  of  this  Code  shall  not  in- 
validate any  other  section  or  provision  therof. 

Part  36— Ordinances  Repealed.    Date  When  Ordinance  Takes  Effect. 

Sec.  163.  Repealing  Section — All  ordinances  of  the  former  mu- 
nicipal and  public  corporations  consolidated  into  the  City  of  New 
York  affecting  or  relating  to  the  construction,  alteration  or  removal 
of  buildings  or  other  structures,  and  all  other  ordinances  or  parts 
thereof  inconsistent  herewith  are  hereby  repealed. 

Sec.  164.  Date  When  Ordinance  Is  to  Take  Effect — This  ordinance 
shall  take  effect  sixty  days  after  its  approval  by  the  Mayor. 

CHAPTER  16— PARK  ORDINANCES,  RULES  AND 
REGULATIONS. 

The  Park  Board  of  the  Department  of  Parks  of  The  City  of  New 
York  ordains  as  follows:    All  persons  are  forbidden — 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  245 

1.  To  cut,  break  or  in  any  way  injure  or  deface  the  trees,, 
shrubs,  plants,  grass,  posts,  railings,  chains,  lamps,  lamp-posts, 
benches,  tree-guards,  buildings,  structures  or  other  property  in  or 
upon  ony  of  the  public  parks,  parkways,  squares  or  places  of  or  with- 
in The  City  of  New  York,  under  the  jurisdiction  of  the  Department 
of  Parks,  or  to  dig  into  or  upon  the  soil  within  the  boundaries  of  any 
such  parks,  parkways,  squares  or  places  or  of  any  roads  or  roadways 
upon  or  across  the  same. 

2.  To  go  on  foot  or  otherwise  upon  the  grass,  except  when  and 
where  permitted,  or  to  throw  or  leave  any  paper,  refuse  or  rubbish  oil 
any  of  the  lawns  or  walks  of  the  said  parks,  parkways,  squares  or 
places. 

3.  To  expose  any  article  for  sale  or  exhibition,  unless  previously 
licensed  by  the  Department  of  Parks  therefor,  or  any  part  of  such 
public  parks,  parkways,  squares  or  places. 

4.  To  post  any  bill,  placard,  notice  or  other  paper  upon  any 
structure  within  such  public  parks,  parkways,  squares  or  places,  or  . 
upon  any  street  or  avenue  adjacent  thereto  under  the  jurisdiction  of 
the  Department  of  Parks,  unless  previously  licensed  so  to  do  by  the 
Commissioner  having  jurisdiction,  and  in  accordance  with  the  pro- 
visions of  section  16  hereof. 

5.  To  play  upon  any  musical  instrument  within  such  public 
parks,  parkways,  squares  or  places,  or  take  into,  carry  or  display  any 
flag,  banner,  target  or  transparency  without  the  permission  of  the 
Commissioner  having  jurisdiction. 

6.  To  erect  any  structure,  stand  or  platform,  or  hold  any  meet- 
ings in  such  parks,  parkways,  squares  or  places,  without  previous 
permission  therefor  from  the  Commissioner  having  jurisdiction. 

7.  To  use  threatening,  abusive  or  insulting  language  upon  any 
of  such  public  parks,  parkways,  squares  or  places,  or  doing  any  ob- 
scene or  indecent  act  thereon,  or  any  act  tending  to  a  breach  of  the 
public  peace. 

8.  No  hackney,  coach,  carriage,  wagon,  cart  or  other  vehicle  for 
hire  shall  stand  upon  any  such  public  park,  parkway,  square  or  place,, 
or  upon  any  street  or  avenue  adjacent  thereto  under  the  jurisdiction 
of  the  Department  of  Parks  without  previous  license,  and  then  only 
at  such  place  as  shall  be  indicated  and  allowed  by  the  Commissioner 
having  jurisdiction. 

9.  No  horse  or  other  animal  shall  be  allowed  to  go  at  large  upon 
such  public  parks,  parkways,  squares  or  places,  except  that  dogs  may 
be  allowed  therein  when  led  by  a  chain  or  proper  dog-string  not  ex- 
ceeding 6  feet  in  length. 


246        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


10.  No  person  shall  bathe  or  fish  in  any  of  the  waters  or  foun- 
tains, nor  cast  any  substance  therein,  nor  disturb  or  interfere  in  any 
way  with  the  fish,  birds  or  animals  within  such  public  parks,  park- 
ways, squares  or  places,  except  in  the  waters  of  adjacent  to  Pelham 
Bay  Park,  where  bathing  and  fishing-  shall  be  permitted,  subject  to 
the  rules  and  regulations  prescribed  by  the  Commissioner  of  Parks 
for  the  Borough  of  The  Bronx.  Fishing  may  be  allowed  in  the  lakes 
of  Prospect  Park  under  permits  granted  by  the  Commissioner  having 
ju  risdiction. 

11.  All  drunken,  disorderly  or  improper  persons,  and  all  persons 
<loing  any  act  injurious  to  such  parks,  parkways,  squares  or  places, 
shall  be  removed  therefrom  by  the  parkkeeper  or  police  in  charge 
thereof.  When  necessary  to  the  protection  of  life  or  property,  the 
officers  and  keepers  of  the  park  may  remove  all  persons  from  any 
•designated  part  thereof. 

12.  No  animal  or  vehicle  shall  be  permitted  to  stand,  nor  any 
incumbrance  of  any  kind  be  allowed  to  remain  upon  any  street  ad- 
jacent to  or  bounding  upon  any  public  square  or  place  in  The  City 
■of  New  York,  under  the  jurisdiction  of  the  Department  of  Parks, 
without  permission  of  the  Commissioner  for  the  boroughs  within 
located,  except  that  vehicles  may  be  permitted  to  take  up  and  set 
■down  passengers,  and  to  load  and  unload  merchandise  in  the  usual 
manner,  and  may  occupy  the  street  a  reasonable  time  for  the  pur- 
pose; provided,  however,  that  they  shall  not,  while  so  doing,  unneces- 
sarily incumber  the  street  or  obstruct  travel  therein. 

13.  No  one  shall  throw  stones  or  other  missiles,  nor  beg  or 
publicly  solicit  subscriptions  or  contributions,  nor  tell  fortunes,  nor 
play  games  of  chance  or  with  any  table  or  instrument  of  gaming, 
nor  make  any  harangue,  nor  climb  upon  any  wall,  fence,  shelter,  seat, 
statue  or  other  erection  within  such  public  parks,  parkways,  squares 
or  places  within  the  City  of  New  York. 

14.  No  automobile  or  horseless  vehicle  shall  be  driven  upon  or 
over  the  drives  of  such  public  parks,  parkways,  squares  or  places  at  a 
-greater  rate  of  speed  than  8  miles  an  hour. 

15.  No  fence  in  or  about  any  land  fronting  upon  or  adjacent  to 
any  public  parkway,  square  or  place  in  The  City  of  New  York,  shall 
"fee  erected  until  a  plan,  showing  the  height,  character  and  method 
of  construction  of  the  proposed  fence,  has  been  submitted  to  the 
Commissioner  of  Parks  having  jurisdiction,  and  approved  by  him 
and  a  permit  in  writing  issued  therefor. 

16.  No  poster  or  advertising  device  shall  be  placed  upon  any 
fence  or  other  structure  used  for  advertisement  or  the  exhibition  in, 
about  or  upon  any  land  fronting  upon  or  adjacent  to  any  public  park, 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


247 


parkway,  square  or  place  in  The  City  of  New  York,  until  a  descrip- 
tion or  a  drawing  of  the  same  shall  be  filed  with  the  Commissioner 
of  Parks  having  jurisdiction,  and  approved  by  him,  and  a  permit  in 
writing  issued  therefor. 

17.  Owners  of  fences  or  other  structures  now  existing  in,  about 
or  upon  lands  fronting  upon  or  adjacent  to  any  park,  parkway,  square 
or  place  in  The  City  of  New  York  used  for  advertising  or  exhibition* 
of  advertisements,  shall  not  modify  or  alter  such  structures  or  the 
advertising  device  placed  thereon  until  a  written  application  has  beere 
made  to  the  Commissioner  having  jurisdiction  over  the  same,  request- 
ing his  permission  for  the  said  alteration  or  modification,  which  shall 
be  fully  described  in  the  said  application,  and  the  necessary  permit 
obtained  therefor. 

18.  No  military  or  target  company,  or  civic  or  other  procession^ 
shall  be  allowed  to  parade,  drill  or  perform  upon  any  of  the  parks,, 
parkways,  squares  or  public  places,  without  permission  from  the 
Commissioner  of  Parks  having  jurisdiction,  except  in  the  use  of  Vara 
Cortlandt  parade  ground  in  Van  Cortlandt  Park  and  the  Parade 
Ground  adjacent  to  Prospect  Park,  by  the  National  Guard  of  the 
State  of  New  York. 

19.  No  automobile,  stage  or  other  vehicle  shall  be  allowed  to- 
carry  passengers  for  hire  over  or  upon  any  of  the  parks,  parkways  or~ 
drives,  concourses,  plazas  or  circles,  under  the  control  of  the  Depart- 
ment of  Parks,  excepting  upon  traffic  roads  and  except  by  special 
permission  of  the  Commissioner  having  jurisdiction. 

20.  It  shall  be  unlawful  for  the  owner  or  operator  of  any  auto- 
mobile or  other  vehicle  to  stop  near  any  of  the  music  stands  or  other 
places,  in  or  about  any  of  the  parks,  parkways,  plazas,  concourses  or 
squares,  of  the  said  Department  of  Parks,  where  any  number  of  per- 
sons are  accustomed  to  congregate,  or  where  such  automobiles  would 
be  a  source  of  danger  to  life  and  limb,  except  by  permission  of  the 
Commissioner  having  jurisdiction. 

21.  No  garbage,  ashes,  manure  or  other  offensive  material,  is  to- 
be  carried  over  any  of  the  parkways  or  through  such  parks,  circles,, 
squares  or  concourses,  except  upon  traffic  roads  set  apart  for  sucht 
purpose.  When  such  refuse  is  to  be  removed  from  residences  front- 
ing on  any  of  the  above  parkways,  etc.,  the  vehicles  collecting  such: 
refuse  must  leave  the  parkway  as  soon  as  such  collection  is  accom- 
plished, and  within  the  time  prescribed  by  the  Commissioner  having 
jurisdiction. 

No  earth,  sand  or  broken  stone  is  to  be  carted  over  any  of  the 
parkways,  except  on  traffic  roads,  unless  special  permit  for  the  same 
is  obtained  from  the  Commissioner  having  jurisdiction. 


248        ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 

22.  It  shall  not  be  lawful  to  modify,  alter,  or  in  any  manner  inter- 
fere with  the  lines  or  grades  of  any  of  the  aforesaid  parks,  parkways, 
•concourses,  circles,  squares,  avenues,  roads,  streets,  entrances  or  ap- 
proaches under  the  jurisdiction  of  the  said  Department  of  Parks,  nor 
to  take  up,  move  or  disturb  any  of  the  curb  and  gutter-stones,  flag- 
ging, trees*  tree  boxes,  railing,  fences,  sod,  soil  or  gravel,  or  to  go 
upon  or  cross  said  park,  parkways,  concourses,  circles,  squares,  roads, 
streets  or  avenues  except  by  the  means  and  in  the  manner  provided 
therefor;  nor  shall  it  be  lawful  to  open  or  otherwise  expose  or  inter- 
fere with  any  of  the  water,  gas  and  sewer  pipes,  or  any  of  the  hy- 
drants, stop-cocks,  basins  or  other  constructions  within  or  upon  said 
places  nor  to  take  any  water  or  gas  therefrom,  nor  to  make  any  con- 
nection therewith,  except  by  special  written  consent  of  the  Commis- 
sioner having  jurisdiction,  and  where  such  consent  is  given,  a  deposit 
of  money  may  be  required  to  insure  the  restoration  of  the  said  curbs, 
gutters,  flaging,  etc. 

23.  Xo  person  in  bathing  costume  will  be  permitted  to  walk  or 
ride  upon  any  parks,  parkways  or  beaches,  except  Pelham  Bay  Park, 
under  the  jurisdiction  of  the  Department  of  Parks.  No  boat  or  ves- 
sel shall  be  placed  upon  any  of  the  waters  of  the  said  parks,  except  by 
special  permission  from  the  Commissioner  having  jurisdiction.  No 
skating  or  sledding  will  be  allowed  on  the  lakes  unless  the  ice  is  de- 
clared by  the  Commissioner  having  jurisdiction  to  be  in  a  suitable 
-condition  for  that  purpose. 

24.  Xo  one  shall  fire  or  carry  any  firearm,  fire  cracker,  torpedo 
or  fireworks,  nor  make  a  fire,  for  make  an  oration,  nor  conduct  any 
religious  or  other  meeting  or  ceremony  within  any  of  the  parks, 
parkways,  squares  or  places  in  The  City  of  Xew  York  under  the  juris- 
diction of  the  Department  of  Parks  without  special  permission  from 
the  Commissioner  having  jurisdiction. 

25.  Xo  one  shall  enter  or  leave  the  parks  except  at  the  estab- 
lished entranceways;  nor  shall  any  one  enter  or  remain  therein  after 
32  o'clock  at  night,  except  as,  on  special  occasions,  use  thereof  may 
be  authorized  beyond  the  regular  hours. 

26.  The  drives  shall  be  used  only  by  persons  in  pleasure  vehicles, 
on  bicycles,  or  on  horseback;  the  bridle  paths  only  by  persons  on 
"horseback.  Animals  to  be  used  on  either  shall  be  well  broken,  and 
constantly  held  in  such  control  that  they  may  be  easily  and  quickly 
turned  or  stopped;  they  shall  not  be  allowed  to  move  at  a  rate  of 
speed  on  the  drives  or  bridle  paths  of  more  than  eight  miles  an  hour; 
and  when  it  shall  be  deemed  necessary  to  safety,  good  order,  or  the 
general  convenience  that  the  speed  of  an  animal  or  vehicle  should  be 
-checked,  or  that  it  should  be  stopped,  or  its  course  altered,  and  the 


ORDIXAXCES  OF  THE  CITY  OF  NEW  YORK. 


oificers  on  duty  shall  so  direct,  by  gesture  or  otherwise,  such  direc- 
tion shall  be  obeyed;  and  no  horse  or  other  beast  of  burden  nor  auto- 
mobile shall  be  driven  or  suffered  to  stand  anywhere  except  on  the 
drive  or  bridle  path. 

27.  No  hackney  coach  or  other  vehicle  for  hire  shall  stand  within 
the  public  parks,  parkways,  squares  or  places  under  the  jurisdiction  of 
the  Department  of  Parks  for  the  purpose  of  taking  up  passengers^ 
other  than  those  whom  it  has  brought  in,  excepting  with  the  permis- 
sion of  the  Commissioner  having  jurisdiction.  Xo  public  omnibus  or 
express  wagon,  and  no  wagon,  cart  or  other  vehicle,  carrying  or  or- 
dinarily used  to  carry  merchandise,  goods,  tools  or  rubbish  shall  enter 
such  public  parks,  parkways,  squares  or  places  without  permission  of 
the  Commissioner  having  jurisdiction,  excepting  upon  traffic  roads 
provided  for  the  purpose.  Xo  fire  engine  or  other  apparatus  on 
wheels  for  extinguishing  fire  shall  enter  or  be  allowed  upon  any  part 
of  the  park  excepting  the  Transverse  and  Traffic  roads. 

28.  No  military  or  target  company  and  no  civic,  funeral  or  other 
procession,  or  a  detachment  of  a  procession,  and  no  hearse  or  other 
vehicle,  or  person  carrying  the  body  of  a  dead  person  shall  enter  or 
be  allowed  on  any  part  of  the  public  parks,  except  by  the  permission 
of  the  Commissioner  having  jurisdiction. 

29.  Xo  person  shall  bring  into  or  carry  within  the  parks  any 
tree,  shrub,  plant  or  flower,  nor  any  newly  plucked  branch  or  portion 
thereof  without  a  permit  from  the  Commissioner  having  jurisdiction. 

30.  Xo  person  shall  solicit  passengers  for  any  coach  or  other 
vehicle  for  hire  within  or  upon  any  of  the  parks,  parkways,  squares 
or  places  within  the  jurisdiction  of  the  Department  of  Parks.  All 
drivers  or  attendants  of  vehicles  for  hire  standing  upon  or  within  any 
such  parks,  parkways,  squares  or  places  shall  remain  in  close  proxim- 
ity to  their  vehicles  while  so  standing,  and  shall  not  follow,  solicit  or 
importune  any  person  entering  or  leaving  the  said  parks,  parkways,, 
squares  or  places. 

Ordinances  relating  to  the  use  of  vehicles  in  the  public  parks, 
parkways  and  streets  under  the  jurisdiction  and  control  of  the  Com- 
missioners of  Parks  of  The  City  of  Xew  York: 

1.  All  vehicles  must  carry  a  lighted  lamp,  showing  a  white  light 
ahead,  from  thirty  minutes  after  sunset  until  thirty  minutes  before 
sunrise. 

2.  All  vehicles  and  horsemen  when  passing  another  vehicle  or 
horseman  going  in  the  same  direction,  must  keep  to  the  left  and  leave 
the  vehicle  or  horseman  they  are  passing  on  the  right  hand. 

3.  All  vehicles  or  horsemen  going  at  a  walk  or  slow  trot  must 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


keep  near  the  curbstone  or  gutter  on  the  right  hand  side  of  the  road; 
those  going  more  rapidly  must  keep  nearer  the  middle  of  the  road. 

4.  Xo  vehicle  shall  stop  for  any  purpose  without  drawing  up  to 
the  curbstone  or  gutter,  and  always  on  the  right  hand  side  of  the 
road. 

5.  Before  pulling  up  and  before  crossing  from  one  side  to  the 
other  of  the  road  the  driver  should  signal  to  those  behind  him  by 
raising  his  whip. 

6.  On  all  drives  and  parkways  where  grass  plots  divide  the  drive, 
all  vehicles  and  horsement  must  keep  on  the  right  hand  side  drive  or 
bridle  path. 

7.  Drivers,  riders  and  cyclists  must  not  exceed  a  speed  of  eight 
miles  an  hour  in  the  parks  and  parkways. 

8.  Cyclists  must  not  coast  in  the  parks,  nor  on  the  parkways,  or 
bridle  paths,  and  must  keep  their  feet  on  the  pedals  and  their  hands 
on  the  handle  bars. 

9.  Cyclists  must  not  mount  or  dismount,  except  on  the  extreme 
right  of  the  roads  or  bicycle  paths. 

10.  All  bicycles,  tricycles,  velocipedes  or  other  vehicles  of  pro- 
pulsion must  be  provided  with  a  bicycle  bell,  not  to  exceed  three 
inches  in  diameter. 

11.  Riding  more  than  two  abreast  is  prohibited. 

12.  Instructions  in  operating  automobiles,  bicycles,  tricycles, 
velocipedes  or  other  such  vehicles  of  propulsion,  and  all  trick  or  fancy 
riding  on  the  same,  is  prohibited  in  the  parks  and  parkways  at  all 
times. 

13.  Wheelmen  shall  not  ride  on  the  paths  in  any  park;  those 
talking  upon  the  park  paths  may  push  their  wheels  along  said  paths, 
but  in  no  case  shall  the  wheels  be  taken  upon  the  turf. 

14.  The  delivery  of  supplies  to  the  residences  of  West  Seventy- 
second  street,  West  Eighty-sixth  street,  Riverside  drive,  West  End 
avenue  north  of  Seventieth  street,  Cathedral  parkway  and  Morning- 
side  avenue  West,  in  Manhattan,  and  the  Shore  road  in  Brooklyn,  will 
be  permitted  in  the  forenoon,  but  no  business  vehicles  shall  enter  upon 
or  pass  over  said  parkways  after  the  hour  of  noon,  excepting  by  spe- 
cial permission  of  the  Commissioner  having  jurisdiction.  In  passing 
over  the  said  parkways,  business  vehicles  must  go  direct  to  the  place 
of  delivery,  must  leave  the  said  parkways  without  unnecessary  delay, 
and  by  the  shortest  route — the  place  of  entry,  if  possible.  The  said 
parkways  must  not  be  used  to  enable  business  vehicles  to  reach  places 
exterior  to  them. 

Ordinances  Applying  to  the  Harlem  River  Driveway. 
1.    The  use  of  the  Speedway  is  restricted  to  light  vehicles  of  the 


\ 


ORDINANCES  OF  THE  CITY  OK  NEW  YORK.  251 

classes  known  as  buggies,  runabouts,  surreys  and  other  like  vehicles- 
adapted  to  the  speeding  of  light  harness  horses,  seating  not  more  than, 
four  persons  and  drawn  by  'one  or  two  horses,  except  by  permission 
of  the  Commissioner  having  jurisdiction.  Exercising  carts  may  be 
used  until  1  p.  m.  only. 

2.  Speeding  on  Sundays  and  holidays,  and  after  3  o'clock  p.  m- 
011  other  days  will  be  permitted  in  one  direction — from  north  to- 
south  only. 

Turning  is  forbidden  except  at  the  ends  of  the  driveway  and  at 
the  bridges. 

3.  When  not  speeding  drivers  must  keep  closely  to  the  right 
hand  side  of  the  road  and  keep  moving. 

4.  Pedestrians  must  not  cross  on  the  Speedway;  subways  are  pro- 
vided for  that  purpose. 

5.  Loud  shouting  to  make  horses  break  or  to  urge  them  on  is> 
strictly  forbidden. 

6.  The  use  of  hobbles,  or  other  similar  device  or  apparatus  to> 
fetter  or  connect  the  legs  of  horses,  for  the  purpose  of  restricting  or 
hampering  their  motion  or  gait,  is  forbidden  upon  the  Harlem  river 
driveway. 

Rules  and  Regulations  for  Establishing  Limits  of  Projection  for  Con- 
structions on  the  Line  of  Riverside  Drive. 
1.  No  structure  or  construction  ot  any  description  or  any  part 
thereof  shall  be  placed  or  permitted  on  or  under  Riverside  drive  until 
working  plans  in  duplicate, -drawn  to  a  scale  of  1-4  inch  to  the  footr 
shall  have  been  filed  with  the  Department  of  Parks,  with  an  applica- 
tion for  the  erection  or  construction  of  the  said  structure;  said  draw- 
ings to  show  elevations,  floor  plans  and  vertical  sections  of  the  ex- 
tent of  projections,  and  that  the  applicant  has  received  permission  to> 
erect  the  said  projection,  as  shown  on  drawings  from  the  Department 
of  Parks. 

A  (a)  Stoops  or  steps,  courtyards  and  areas,  or  any  part  of  ap- 
purtenance thereof  shall  not  project  in  the  avenue  beyond  the  build- 
ing line  to  the  extent  of  more  than  5  feet  where  the  sidewalk  is. 
16  feet  wide,  7  feet  where  the  sidewalk  is  20  feet  wide,  8  feet  where 
the  sidewalk  is  25  feet  wide;  and  in  proportion  to  the  above  where 
the  sidewalk  is  between  16  and  20  feet  or  between  20  and  25  feet. 

(b)  No  stoop  or  steps  shall  be  covered,  except  over  the  landing 
or  platform  at  the  top,  nor  shall  they  be  inclosed  except  by  an  open 
railing  not  more  than  4  feet  in  height. 

B  (a)  Bay  windows  shall  not  project  in  the  avenue  beyond  the 
building  line  to  the  extent  of  more  than  4  feet. 

(b)  Bay  windows,  when  allowed  to  project  in  the  avenue,  shall 


252      ORDINANCES  OK  THE  CITY  OF  NEW  YORK. 


not  occupy  longitudinally  with  the  avenue  more  than  two-thirds  of 
the  width  of  the  binding  from  which  they  project. 

C  (a)  No  balcony,  cornice  or  ornament  shall  project  in  the  avenue 
beyond  the  house  line  to  the  extent  of  more  than  4  feet. 

(b)  Xo  balcony  shall  be  inclosed  on  the  front  or  side,  except  by 
a  railing  not  over  4  feet  in  height. 

D.  Xo  vault  or  other  construction  below  the  sidewalk  shall  be 
built  except  in  such  manner  as  shall  leave  the  sewers,  gas  and  water 
pipes,  or  space  proposed  to  be  occupied  by  the  same,  free  and  unin- 
closed  and  in  safe  condition,  nor  in  any  case  to  extend  in  the  clear 
beyond  the  curb  line. 

Ordinance  Adopted,  Pursuant  to  Chapter  453  of  the  Laws  of  1902. 

1.  Xo  shade  or  ornamental  tree  or  shrub  shall  be  planted  in  any 
of  the  streets,  avenues  or  public  thoroughfares  of  The  City  of  Xew 
York  until  such  tree  or  shrub  shall  have  first  been  approved  by  a  duly 
appointed  employee  or  expert  of  the  Commissioner  having  jurisdic- 
tion, and  a  permit  granted  therefor. 

2.  No  holes  or  excavation  shall  be  prepared  for  planting  any  tree 
or  shrub  unless  sufficient  mould  of  satisfactory  quality  shall  be  used, 
and  a  duly  appointed  employee  or  expert  of  the  Department  of  Parks 
shall  report  that  the  conditions,  such  as  absence  of  poisonous  gas  and 
deleterious  substances,  have  been  made  satisfactory  and  a  permit 
granted  therefor. 

3.  X'o  stem,  branch  or  leaf  of  any  such  tree  or  shrub  shall  be 
cut,  broken  or  otherwise  disturbed  until  a  permit  has  been  granted 
therefor  by  the  Commissioner  having  jurisdiction. 

4.  Xo  root  of  any  such  tree  or  shrub  shall  be  disturbed  or  inter- 
fered with  in  any  way  by  any  individual  or  any  officer  or  employee  of 
a  public  or  private' corporation  until  a  permit  shall  have  been  issued 
therefor  by  the  Commissioner  having  jurisdiction. 

5.  The  surface  of  the  ground  within  3  feet  of  any  tree  or  shrub 
growing  on  any  street,  avenue  or  other  public  thoroughfare  shall  not 
be  cultivated,  fertilized,  paved  or  given  any  treatment  whatever,  ex- 
cept under  permit  granted  by  the  Commissioner  having  jurisdiction. 

6.  It  shall  not  be  lawful  to  attach  or  maintain  any  guy  rope, 
cable  or  other  contrivance  to  any  tree  or  shrub,  or  to  use  the  same  in 
connection  with  any  banner,  transparency,  or  any  business  purpose 
whatever,  except  under  a  permit  from  the  Commissioner  having  juris- 
diction. 

7.  It  shall  not  be  lawful  to  cut,  deface,  mutilate,  or  in  any  way 
misuse,  any  tree  or  shrub,  nor  shall  any  horse  or  other  animal  be  per- 
mitted to  stand  in  any  manner  or  position  where  it  may  or  shall  cut, 
deface  or  mutilate  any  tree  or  shrub,  nor  shall  any  building  material 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  253 


or  other  matter  of  any  kind  or  any  debris  be  piled  or  maintained 
against  any  tree  or  shrub. 

8.  It  shall  not  be  lawful  to  attach  or  string  any  electric  or  other 
wire,  or  to  adjust  or  carry  the  same  into  or  over  any  park  or  parkway, 
except  under  a  permit  from  the  Commissioner  having  jurisdiction. 

9.  Any  person  violating  the  foregoing  ordinances  of  chapter  453 
of  the  Laws  ot  1902  shall  be  guilty  of  a  misdemeanor,  and  shall  on 
conviction  thereof  before  a  City  Magistrate  be  punished  by  a  line  not 
exceeding  $50,  or  in  default  of  payment  of  such  line,  by  imprisonment 
not  exceeding  30  days. 

Rules  and  Regulations  Relating  to  Projections  and  Line  of  Curb  and 
Surface  Constructions,  Under  Provisions  or  Section  612  of 
the  Greater  New  York  Charter,  as  Amended  by  Chapter  723 
of  the  Laws  of  1901 : 

1.  Each  Commissioner  may  grant  permits  for  the  erection  and 
maintenance  of  projections  on  any  park,  parkway,  square  or  public 
place  in  his  jurisdiction,  and  on  all  streets  and  avenues  within  a  dis- 
tance of  350  feet  from  the  outer  boundaries  thereof,  upon  such  terms 
and  conditions  and  upon  the  making  of  such  compensation  to  the  Cit> 
as  in  his  discretion  he  may  determine  with  respect  to  the  particular 
locality. 

2.  Where  permits  have  heretofore  been  granted  upon  the  mak- 
ing of  compensation  and  a  new  permit  is  desired  to  correct  any  irregu- 
larity, defect  or  supposed  want  of  jurisdiction  in  the  granting  of  such 
permit,  a  new  permit  may  be  granted  without  the  making  of  further 
compensation. 

3.  Each  Commissioner  may  determine  the  line  of  curb  and  the 
surface  constructions  of  all  streets  and  avenues  lying  within  any 
park,  parkway,  square  or  public  place  in  his  jurisdiction  or  within  a 
distance  of  350  feet  from  the  outer  boundaries  thereof  as  he  may  deem 
advisable  according  to  the  particular  locality,  and  best  calculated  to 
maintain  the  beauty  and  utility  of  such  parks,  parkways,  squares  and 
public  places. 

4.  All  applications  for  the  privilege  of  erecting  bay  windows  or 
other  house  projections  shall  be  made  to  the  Commission  in  whose 
administrative  jurisdiction  the  park  or  parkway  affected  lies,  who  may 
in  his  discretion  grant  the  same  upon  payment  of  a  fee  to  be  deter- 
mined in  each  case  by  said  Commissioner. 

5.  Working  plans  in  duplicate,  drawn  to  a  scale  of  one-quarter 
inch  to  the  foot,  shall  be  required  to  accompany  each  application, 
showing  elevation,  plans  and  vertical  section  of  extent  of  projection, 
one  copy  of  which  will  be  filed  in  the  office  of  the  Commissioner  hav- 


254       ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


ing  jurisdiction,  and  one  other  shall  be  returned  to  the  applicant  lor 
filing  in  the  Department  of  Buildings,  with  the  approval  of  said  Com- 
missioner. 

6.  No  permit  will  be  granted  to  cover  more  than  4  feet  of  pro- 
jection oeyond  the  house  or  building  line,  nor  shall  the  projections  oc- 
cupy longitudinally  with  the  street  or  avenue  more  than  two  thirds  of 
the  width  of  the  building  from  which  they  project. 

Affecting  Central   Park  and   Fifth  Avenue,  Manhattan. 

1.  Owners  of  property  on  the  easterly  side  of  said  Fifth  avenue, 
between  Fifty-eighth  and  One  Hundred  and  Eleventh  streets,  are  per- 
mitted to  inclose,  for  courtyard  purposes,  and  not  otherwise,  15  feet  of 
the  sidewalks  adjacent  to  and  in  front  of  their  respective  lots;  and  the 
stoops  of  buildings  erected  on  said  avenue  may,  in  such  cases,  project 
to  the  extent  of  such  courtyards;  provided  further,  that  such  stoops 
shall,  in  every  instance,  be  open  above  the  railing  or  balustrade  there- 
of, and  the  form,  size  and  character  thereof,  together  with  the  form, 
size  and  character  of  the  area  railings,  shall  be  subject  to  the  approval 
of  the  Commissioner  having  jurisdiction;  and  provided  further,  that 
no  stoop  or  area  railing  shall  be  constructed  or  put  upon  said  Fifth 
avenue,  or  upon  any  of  the  streets  or  avenues,  surrounding  said  park, 
within  the  boundaries  first  above  mentioned,  until  the  plan  thereof  has 
been  submitted  to  and  approved  by  the  said  Commissioner. 

2.  No  more  than  four  horses  shall  be  allowed  to  be  driven  to- 
gether in  the  parks  of  the  Borough  of  Manhattan,  and  then  only  when 
attached  to  private  vehicles,  except  by  special  permit. 

3.  No  person  shall  go  on  the  turf  without  the  permit  of  the 
Commissioner  having  jurisdiction  except  when  and  where  a  blue  flag 
with  a  white  star  is  shown  as  an  indication  that  at  that  time  and 
place  all  persons  are  allowed  to  go  on  it. 

4.  Xo  bicycle  or  tricycle  shall  be  allowed  to  be  taken  upon  or 
remain  on  the  Mall  in  Central  Park  during  the  progress  of  a  concert. 

Rules  Relating  to  Park  Conservatories. 

1.  The  Conservatories  will  be  open  daily  between  10  a.  m.  and 
4.30  p.  m. 

2.  Visitors  on  entering  will  keep  to  the  right  in  order  to  avoid 
crowding. 

3.  Any  person  found  pilfering  flowers  or  leaves  or  causing  dam- 
age to  the  buildings  or  plants  will  be  arrested  and  punished. 

4.  No  intoxicated,  noisy  or  disorderly  persons  will  be  admitted. 

5.  Children  under  eight  years  of  age  will  not  be  admitted  except 
when  accompanied  by  parents  or  guardians. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  255 


6.  No  dogs  will  be  allowed  inside  the  buildings  or  on  the 
grounds. 

7.  The  scattering  of  paper  or  refuse  inside  the  buildings  or  on 
the  grounds  is  prohibited. 

8.  Any  incivility  on  the  part  of  employees  should  be  reported 
to  the  Commissioner  having  jurisdiction.  Visitors  are  requested  not 
to  engage  in  unnecessary  conversation  with  employees. 

9.  Fifteen  minutes  before  closing  time  visitors  will  be  warned 
by  the  call  "All  out." 

10.  No  person  will  be  permitted  in  a  house  or  wing  of  the  con- 
servatory which  is  shown  to  be  closed. 

11.  No  smoking  will  be  allowed. 

12.  Loud,  indecent  or  noisy  language  is  strictly  prohibited. 
Rules  and  Regulations  Relating  to  the  New  York  Botanical  Garden 

in  Bronx  Park. 

1.  The  picking  of  flowers,  leaves,  fruit,  nuts,  or  the  breaking  of 
branches  of  any  plants,  either  wild  or  cultivated,  the  uprooting  of 
plants  of  any  kind,  the  defacing  of  trees,  and  the  carrying  of  flowers, 
fruits  or  plants  into  or  from  the  grounds  of  the  Garden,  are  prohib- 
ited, except  by  written  permission  of  the  Director-in-Chief  of  the 
Garden. 

2.  Leaving  or  depositing  paper  boxes,  glass  or  rubbish  of  any 
kind  within  the  grounds  of  the  Garden  is  forbidden. 

3.  Dogs  are  not  allowed  within  the  limits  of  the  Garden  except 
in  leash. 

4.  It  is  forbidden  to  take  fish  from  within  the  Garden,  or  to 
molest  in  any  way  squirrels,  birds,  snakes,  frogs,  toads,  turtles  or 
any  other  wild  animals. 

5.  Throwing  stones  or  other  missiles,  playing  ball,  football, 
tennis  or  any  other  game  is  prohibited. 

6.  It  is  forbidden  to  offer  for  sale  food,  candy,  newspapers, 
books,  tobacco,  beverages,  flowers  or  other  objects,  without  written 
permission  from  the  Director-in-Chief  and  the  Commissioner  of  Parks 
for  the  Borough  of  the  Bronx. 

7.  Boating  or  rafting  on  the  ponds,  lakes  and  streams  is  for- 
bidden. 

8.  Trucking,  or  the  driving  of  business  wagons  of  any  kind,  is 
forbidden  on  the  roads  of  the  Garden,  except  those  designated  for 
such  purposes. 

9.  It  is  forbidden  to  accept  or  solicit  passengers  for  any  cab, 
carriage  or  other  conveyance  at  any  point  within  the  grounds  of  the 


256 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Garden  without  written  permission  from  the  Director-in-Chief  of 
the  Garden  and  the  Commissioner  of  Parks  for  the  Borough  of  The 
Bronx. 

10.    Visitors  are  not  allowed  within  the  Garden  after  II  o'cloek 
at  night  nor  before  6  o'clock  in  the  morning,  exeept  upon  driveways 
and  paths  designated  for  their  use  between  those  hours. 
Ordinances  Applicable  to  the  Ordinary  Use  of  the  Ocean  Boulevard, 
the  Eastern  Parkway  and  the  Speedway  in  the  Boroughs 

of  Brooklyn  and  Queens. 

Light  harness  driving  on  the  Speedway,  Ocean  Parkway  (Ocean 
Parkway,  between  Bay  Parkway  and  Kings  Highway)  shall  not  be 
restricted  as  to  speed  between  the  hours  of  sunrise  and  sunset; 
speeding,  however,  is  only  to  be  permitted  from  Bay  Parkway  toward 
Coney  Island,  and  drivers  shall  be  compelled  to  observe  the  rules 
of  the  road.  Automobiles  will  not  be  permitted  on  the  Speedway, 
but  must  take  the  west  road  on  the  Ocean  Parkway,  between  Bay 
Parkway  and  Kings  Highway,  at  all  times. 

Business  wagons,  trucks,  etc.,  heavy  or  light,  are  prohibited  from 
using  the  main  drive  of  the  Ocean  Parkway,  and  must  use  the  west 
road  at  all  times.  Business  wagons,  trucks,  etc.,  must  use  the  block 
pavement  at  either  side  of  the  main  road  or  the  traffic  roads  of  the 
Eastern  Parkway. 

Prospect  Park. 

i.  All  lawns  in  Prospect  Park  are  commons,  and  may  be  used 
as  such,  except  those  restricted  by  special  order,  and  such  restricted 
sections  plainly  indicated  by  proper  signs. 

Coney  Island  Cycle  Path. 

Cyclists  must  use  the  west  path  when  going  toward  Coney  Is- 
land and  the  east  path  in  returning. 

Cyclists  must  not  exceed  a  speed  of  twelve  miles  an  hour  on  the 
bicycle  paths. 

Racing  on  the  bicycle  paths  is  prohibited,  except  by  special  per- 
mission of  the  Comm'ssioner  having  jurisdiction. 

Horses,  wagons,  carriages  and  pedestrians  must  not  use  the 
bicycle  paths. 

All  ordinances  or  parts  of  ordinances  heretofore  adopted  affect- 
ing the  parks,  parkways  and  public  places  of  The  City  of  New  York 
under  the  jurisdiction  of  the  Department  of  Parks  inconsistent  with 
or  in  conflict  with  the  ordinances  above  set  forth  are  hereby  repealed. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  25? 


PART  II. 

ORDINANCES  AFFECTING  THAT  PART  OF  THE  CITY  OF 
NEW  YORK  INCLUDED  WITHIN  THE  BOROUGH 
OF  MANHATTAN. 

CHAPTER  i— SALES  OF  COMMODITIES,  ETC. 

Article  i — Peddlers,  Venders,  Hawkers. 

Section  i.  Xo  licensed  peddler,  vender,  hawker  or  huckster  sfiaH 
permit  any  carl,  wagon  or  vehicle,  owned  or  controlled  by  him  or 
her,  to  stop,  remain  upon  or  otherwise  incumber  any  street,  avenue 
or  highway  for  a  longer  period  than  thirty  minutes  at  one  time  on 
any  one  block.  Nor  shall  any  such  peddler,  vender,  hawker  or 
huckster  stand  in  front  of  any  premises,  the  owner  or  the  le-see  ol 
the  ground  floor  thereof  objecting  thereto.  At  the  expiration  of  the 
thirty  minutes  aforesaid,  any  vender,  with  or  without  a  basket,  cart, 
wagon,  or  vehicle  must  be  removed  to  a  point  at  least  one  block 
distant. 

Sec.  2.  Xo  licensed  peddler,  vender,  hawker  or  huckster  shall 
permit  his  or  her  cart,  wagon  or  vehicle  to  stand  on  any  street,  ave- 
nue or  highway  within  25  feet  of  any  corner  of  the  curb,  nor  within 
]0  feet  of  any  other  peddler,  vender,  hawker  of  huckster. 

Sec.  3.  Xo  licensed  peddler,  vender,  hawker  or  huckster  shall 
use  any  part  of  a  sidewalk  or  crosswalk  for  conducting  his  or  her 
busines,  and  shall  not  cast  <  r  throw  any  thing  or  article  of  any  kind 
or  character  upon  the  street,  nor  interfere  with  or  prevent  to  any 
degree  the  Street  Cleaning  Department  from  sweeping  or  cleaning, 
or  from  gathering  street  sweepings,  etc..  from  the  streets  or  avenues, 

Sec.  4.  Xo  licensed  peddler,  vender,  hawker  or  huckster  shall 
blow  upon  or  use  or  suffer  or  permit  to  be  blown  upon  or  used  any 
horn  or  other  instrument  for  the  purpose  of. giving  notice  of  the 
approach  of  any  cart,  w  agon' or  vehicle  in  order  to  sell  thereout  any 
article  of  merchandise. 

Sec.  5.  Xo  licensed  peddler,  vender,  hawker  or  huckstc  shall  cry 
or  sell  his  or  her  wares  or  merchandise  on  Sunday,  nor  after  9  o'clock 
p.  m„  nor  cry  his  or  her  wares  before  8  o'clock  in  the  morning  of 
any  da}'  except  Saturdays,  when  they  shall  be  allowed  to  cry  or  sell 
their  wares  until  11.30  o'clock  p.  m.  None  of  the  provisions  of  this 
section  shall  be  construed  as  regulating  the  crying  or  hawking  of 
newspapers  in  the  territory  comprised  within  the  Borough  of  Man- 
hattan. 

Sec.  6.  Xo  licensed  peddler,  vender,  hawker  of  huckster  shall 
he  allowed  to  cry  his  or  her  wares  within  250  feet  of  any  school* 


2oS      ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


court  bouse,  church  or  hospital  between  the  hours  of  8  o'clock  a.  m. 
and  4  o'clock  p.  m.,  on  school  days;  or  stop  or  remain  in  Nassau 
itreet,  between  Spruce  and  Wall  streets;  or  in  Chambers  street,  be- 
tween Broadway  and  Centre  streets;  or  in  Fulton  street,  between 
Broadway  and  Pearl  street;  or  in  Avenue  B,  from  Houston  street  to 
to  Fourteenth  street;  or  in  Avenue  A,  between  Houston  and  Seventh 
streets;  Park  row,  from  Xew  Chambers  to  Ann  street;  Centre  street, 
from  New  Chambers  street  to  Park  row;  and  Nassau  street,  from 
Park  row  to  Ann  street:  from  8  o'clock  a.  m.  to  6  o'clock  p.  m.  None 
of  the  provisions  of  this  section  shall  be  construed  as  regulating  the 
crying  or  hawking  of  newspapers  in  the  territory  comprised  within 
the  Borough  of  Manhattan. 

Sec.  ~.  So  much  of  the  foregoing  sections  as  relates  to  the  cry- 
ing out  of  wares,  or  to  other  means  used  to  attract  attention,  is  con- 
>trued  and  made  to  apply  to  all  persons  conducting  business  on  the 
public  highways,  or  present  thereon  for  the  purpose  of  doing  busi- 
liess,  or  performing,  or  offering  to  perform,  any  work,  labor,  services 
whatever,  whether  such  person  be  licensed  or  not. 

Sec.  8.  All  licensed  peddlers,  venders,  hawker-  or  hucksters  who 
shall  locate  on  any  street  or  avenue  under  the  provisions  of  this 
ordinance,  with  intention  to  remain  thirty  minutes  or  part  thereof, 
shall  use  the  east  and  north  sides  of  streets  and  avenues  up  to  noon, 
and  the  west  and  south  sides  .after  noon  on  any  day  so  using  them. 
This  section  shall  not  apply  to  such  venders  who  are  moving  along 
the  streets,  avenues  or  highways,  without  intention  to  locate  at  any 
one  point  for  thirty  minutes,  or  who  may  be  called  on  by  the  resident 
for  the  purpose  of  making  a  purchase. 

Sec.  o.  The  violation  of  any  of  the  foregoing  provisions  of  this 
ordinance,  or  any  part  thereof,  shall  be  deemed  a  misdemeanor,  and 
the  offender  shall,  upon  conviction,  be  lined  or  imprisoned  or  both, 
as  provided  by  section  85  of  the  New  York  City  Consolidation  Act 
of  1882. 

Article  2 — Weights,  Measures  and  Quality. 

1.     W  eighers  of  I  lay. 

Sec.  10.  No  person,  except  those  to  whom  the  Mayor  shall  grant 
a  license  under  section  ill  of  the  New  York  City  Consolidation  Act. 
shall  erect  or  have  any  scale  or  apparatus  for  weighing  hay  on  any 
avenue  or  public  place  in  the  Borough  of  Manhattan,  under  a  penalty 

of  $-'> 

Sec.  11.  The  Mayor  shall  designate  in  all  licenses  granted  By 
him  the  location  at  which  the  persons  licensed  shall  erect  their  re- 
spective scales  for  weighing  hay.  and  such  license  sharll  convey  an 


ORDINANCES  OF  THE  CTTY  OF  NEW  YORK.  259 


authority  and  permission  to  erect  at  such  location,  under  the  direc- 
tion of  the  President  of  the  Borough,  a  scale  for  weighing  hay,  in 
the  mode  previously  in  use  in  the  former  City  of  New  York. 

See.  i  J.    The  fee  charged  on  granting  license  shall  be  $25  a  year. 

Sec.  1 3.  In  case  of  weighing  bale-hay,  the  licensed  weighers 
shall  designate  in  the  certificate  given  by  them  the  amount  of  tare 
on  each  bale,  and  shall  legibly  mark  the  amount  of  said  tare  on  each 
bale,  as  well  as  the  gross  weight,  under  a  penalty  of  $10  for  each 
omission  to  mark  the  said  tare. 

Sec.  14.  No  weigher  of  hay  shall  charge  any  person  applying 
for  his  services  as  such  weigher,  and  for  a  certificate  of  the  Weight 
of  any  hay.  more  than  6  cents  on  each  bale  for  weighing  and  marking 
the  same,  and  for  a  certificate  thereof. 

- .     The  Sale  and  Manufacture  of  Bread. 

Sec.  15.  All  bread  baked  and  offered  or  exposed  for  sale  in  the 
Borough  of  Manhattan  shall  be  made  of  good  and  wholesome  flour 
and  meal,  ami  -old  by  avoirdupois  weight. 

Sec.  16.  If  any  baker  or  other  person  shall  make  for  sale,  offer 
or  procure  to  be  sold,  any  bread  of  any  other  than  wholesome  flour 
or  meal,  or  shall  sell  the  same  contrary  to  the  preceding  section  of 
this  article,  such  person  shall  forfeit  and  pay  the  sum  of  $10  for 
every  such  offense. 

Sec.  17.  All  loaf  bread  offered  for  sale  in  this  borough  not  in 
conformity  with  the  provisions  of  this  article  shall  be  forfeited,  and 
shall  and  may  be  seized  and  disposed  of  for  the  use  of  The  Ctiy  of 
New  York. 

3.  Coal. 

Sec.  18.  Xo  person  shall  unload,  vend,  or  expose  for  sale,  any 
charcoal  at  either  of  the  slips  in  front  of  any  of  the  public  markets 
of  the  Borough  of  Manhattan,  under  the  penalty  of  $10  for  every  such 
offense. 

Sec.  10.  In  the  sale  of  anthracite  coal  the  hundred-weight  shall 
consist  of  100  pounds  avoirdupois,  and  jo  such  hundred- weight  shall 
constitute  a  ton. 

4.     Sale  of  Poultry. 

See.  20.  Xo  turkeys  or  chickens  shall  be  offered  for  sale  in  the 
borough,  unless  the  crops  of  such  turkeys  and  chickens  are  free  from 
food  or  other  substance  and  shrunken  close  to  their  bodies.  That 
all  fowls  exposed  for  sale  in  violation  of  this  ordinance  shall  be 
seized  and  condemned;  such  of  them  as  shall  be  tainted  shall,  upon 
examination,  be  destroyed,  and  the  re<t  which  is  lit  for  food  shall 
be  used  in  the  public  institutions  of  the  City. 


3*0      ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  21.  Even-  person  exposing  for  sale  any  chicken  or  turkey 
m  contravention  of  this  ordinance  shall  be  liable  to  a  penalty  of  $5 
ior  each  chicken  or  turkey  so  exposed  for  sale. 

5.    Firewood,  Hay  and  Straw. 

Sec,  22.  No  firewood  shall  be  sold  otherwise  than  according  to 
the  following  regulations,  that  is  to  say:  The  stanchions  of  each  cart 
or  sled  which  shall  be  employed  in  tin-  carrying  of  such  wood  shall 
fee  5  feet  4  inches  high  from  the  floor  of  the  cart  or  sled,  and  no 
feigner;  and  the  breadth  of  such  cart  of  sled  between  the  two  fore- 
most stanchions  shall  be  2  feet  5  inches,  and  between  the  two  hind- 
most stanchions  2  feet  9  inches,  and  no  more;  in  which  space  be- 
tween the  two  stanchions  every  cartman  who  shall  cart  any  wood 
shall  stow  as  much  and  as  close  together  as  can  conveniently  be  put 
or  as  much  as  will  amount  to  37  feet  3  0  inches,  and  twothirds  of  an 
inch  cubic  measure,  which  shall  constitute  and  be  deemed  a  load,  and 
ahall  and  may  be  bought  and  sold  accordingly. 

Sec.  23.  No  person  or  persons  shall  buy  or  sell  any  firewood 
contrary  to  the  above  regulations;  and  no  cartman  shall  cart  any 
firewood  brought  to  the  Borough  of  Manhattan  for  sale  except  in 
carts  made  and  constructed  as  by  law  directed  and  loaded  as  above 
mentioned  under  the  penalty  of  $5  for  each  offense. 

Sec.  24.  No  crooked  wood  shall  be  stowed  in  any  cart  or  sled 
constructed  in  manner  aforesaid  with  other  wood,  but  the  same  may 
ht  sold  or  disposed  of  as  refuse  wood,  not  subject  to  the  above  regu- 
lations; and  if  any  cartman  who  shall  cart  firewood  shall  put,  or 
suffer  to  be  put,  in  his  cart  any  such  crooked  wood  as  will  prevent 
his  cart  from  containing  a  full  load  between  the  stanchions  thereof, 
he  shall  for  every  load  so  carried  forfeit  the  sum  of  $1. 

Sec.  25.  Hereafter  it  shall  not  be  lawful  tor  any  person  to  sell, 
or  offer  for  sale  within  the  limits  of  the  Borough  of  Manhattan,  any 
hay  or  straw  by  the  bale,  unless  the  exact  gross  and  net  weight 
ihall  be  legibly  and  distinctly  marked  on  every  such  bale  of  hay  or 
straw,  under  a  penalty  of  $10  for  each  bale  of  hay  or  straw  so  sold 
t>r  offered  for  sale  in  contravention  of  the  provisions  of  this  or- 
dinance. 

Article  3 — Sales  and  Auctions  in  the  Public  Streets. 

Sec.  26.  Hereafter  it  shall  not  be  lawful  for  any  person  to  sell 
or  offer  for  sale  in  any  of  the  streets,  avenues  or  public  places  within 
the  limits  of  the  Borough  of  Manhattan,  any  sawdust,  except  in  bags 
!y  tied,  which  shall  neither  be  filled  nor  emptied  nor  the  con- 
tents ihereof  permitted  to  be  scattered  or  blown  about  in  any  such 
street,  avenue  or  public  place,  under  a  penalty  of  $25  for  every  viola- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


261 


tion  of  the  provisions  of  this  ordinance. 

Sec  27.  No  auctioneer,  or  his  agent  or  servant  or  any  other 
person,  shall  sell  at  auction  or  expose  for  sale  or  lay  or  place  any 
goods,  wares,  merchandise  or  other  thing  in  any  street,  road,  lane, 
highway  or  public  place  in  the  Borough  of  Manhattan,  unless  such 
person  shall  first  obtain  the  consent  or  permission,  in  writing,  of  the 
occupant  of  the  lot  or  building  before  which  such  articles  or  any 
part  thereof  shall  be  placed  or  exposed  for  sale,  under  the  penalty 
of  $10  for  every  such  offense,  to  be  sued  for  and  recovered  from  the 
seller,  auctioneer  or  his  agent,  severally  and  respectively. 

Sec.  28.  No  person  shall  sell  or  expose  for  sale  or  lay  or  place  in 
any  street,  lane,  road,  highway  or  public  place,  at  any  time  between 
the  first  day  of  June  and  the  first  day  of  November  in  each  year, 
any  salted  beef  or  pork,  dried  or  pickled  fish,  blubber,  hides,  cotton 
or  wool,  under  the  penalty  of  $10  for  each  offense  to  be  sued  for  and 
recovered  from  the  seller,  auctioneer  or  his  agent,  severally  and  re- 
spectively. 

Sec.  29.  Every  article  exposed  for  sale  at  public  auction,  or  sold 
in  any  public  place,  street,  lane,  road  or  highway  in  the  Borough  of 
Manhattan,  shall  be  removed  from  the  same  by  the  setting  of  the 
sun  of  the  day  of  selling  or  exposing  for  sale,  under  the  penalty  of 
$io  for  each  offense,  to  be  sued  for  and  recovered  from  the  auc- 
tioneer, his  agent  or  the  purchaser  thereof,  severally  and  respectively. 

Sec.  30.  Xo  bellman  or  crier,  nor  any  drum  or  fife,  or  other  in- 
strument of  music  or  any  show-signal  or  means  of  attracting  the  at- 
tention of  passengers  other  than  a  sign  or  flag,  shall  be  employed 
or  permitted  to  be  used  at  or  near  any  place  of  sale,  or  at  or  near 
any  auction  room,  or  at  or  near  the  residence  of  any  auctioneer,  or 
at  or  near  any  auction  whatsoever,  under  the  penalty  of  $10  for  each 
offense,  to  be  sued  for  and  recovered  from  the  person  using  the  same 
and  the  auctioneer  or  his  agent  suffering  or  permitting  the  same, 
severally  and  respectively. 

Sec.  31.  No  auctioneer  or  other  person  shall  sell  or  expose  for 
sale  at  public  auction  or  vendue,  any  dry  goods,  hardware,  wooden- 
ware  or  tinware,  by  retail  or  in  small  parcels  or  pieces  in  any  public 
street,  lane,  highway  or  public  place  in  the  Borough  of  Manhattan 
(articles  of  household  furniture  at  the  places  and  as  hereinbefore  pro- 
vided alone  excepted),  under  the  penalty  of  $10  for  each  offense,  to 
be  sued  for  and  recovered  from  the  seller,  auctioneer  or  his  agent, 
severally  and  respectively. 

Sec.  32.  No  auctioneer  or  his  agent  or  servant  shall  sell  or  ex- 
pose for  sale  at  public  auction  any  goods,  wares,  merchandise  or 
other  thing  whatsover;  to  any  person  or  persons  who  at  the  time  of 


ORDINANCES  OF  THE  CITY  OF   NEW  YORK 


bidding  for  the  same,  or  whilst  examining  the  same  shall  be  on  the 
sidewalk  or  carriageway  of  any  of  the  streets  of  the  Borough  of  Man- 
hattan, under  the  penalty  of  $10  for  every  such  offense. 

Sec.  33,  No  auctioneer  or  his  agent  or  servant,  or  any  other 
person,  shall  lay  or  place,  or  sell  or  expose  for  sale,  any  article  of 
household  furniture  in  any  street  or  public  place  in  the  Borough  of 
Manhattan,  other  than  such  as  is  hereinbefore  designated  or  men- 
tioned, under  the  penalty  of  $20  for  every  such  offense,  to  be  sued 
for  and  recovered  from  the  seller,  auctioneer  or  his  agent  or  servant, 
severally  and  respectively. 

Article  4 — Sale  and  Discharge  of  Firearms,  Etc. 

Sec.  34.  No  cannon  or  piece  of  artillery  shall  be  discharged  or 
fired  off  in  any  street,  avenue,  lane  or  public  park  or  place  within  the 
limits  of  the  Borough  of  Manhattan,  without  a  written  permission 
from  the  Mayor,  under  a  penalty  of  $25  of  every  offense.  In  no  case 
shall  the  calibre  of  the  cannon  exceed  4  pounds.  The  provisions  of 
this  section,  except  that  relating  to  the  calibre  of  the  cannon,  shall 
not  apply  to  the  fourth  day  of  July  in  each  and  every  year. 

Sec.  35.  Any  person  or  persons,  commander  or  other  officer,  or 
private  of  any  artillery  or  other  military  company,  troop  of  horse, 
corps,  regiment,  battalion,  brigade  or  division,  who  shall  violate  any 
or  either  of  the  provisions  of  this  article  of  these  ordinances,  or  shall 
cause  or  permit  the  same  to  be  done,  shall  severally  forfeit  any  pay 
the  sum  of  $50  for  each  discharge  or  firing  off  of  any  piece  of  artil- 
lery, to  be  paid  into  the  City  Treasury  for  the  use  of  the  City. 

Sec.  36.  The  sale  or  use  of  the  instrument  known  as  the  "patenl 
flying  cap  exploder"  is  hereby  prohibited  within  the  limit-  of  the 
Borough  of  Manhattan,  under  a  penalty  of  $10  for  each  offense,  to  be 
imposed  by  any  City  Magistrate  of  The  City  of  New  York,  upon  the 
arrest  of  any  offender,  after  proof  of  the  violation  of  the  provisions 
of  this  ordinance. 

Sec.  37.  The  sale  or  disposal  to  minors  of  toy  or  other  pistols 
that  can  be  loaded  with  powder  and  ball  or  blank  cartridges  to  be 
exploded  by  means  of  metal  caps,  is  hereby  prohibited,  under  penalty 
of  a  fine  of  $10  for  each*  offense,  said  tine  to  be  imposed  by  any 
Police  Justice  of  this  City,  upon  the  arrest  of  any  offender,  after  due 
proof  of  a  violation  of  this  ordinance.  Nothing  herein  contained  shall 
apply  to  the  sale  or  disposal  of  what  are  known  as  firecracker  pistils, 
torpedo  pistols  or  such  pistols  as  arc  used  for  the  explosion  of  paper 
caps. 

CHAPTER  2—  NUISANCES. 
Sec.  38.     No  persons  shall  swim  or  bathe  in  any  of  the  waters 
within  the  jurisdiction  of  the  Borough  of  Manhattan,  except  in  pub- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


lie  or  private  bathing  houses,  unless  covered  with  a  bathing-  suit  so 
as  to  prevent  any  indecent  exposure  of  person,  under  a  penalty  of  $5 
for  each  offense;  nor  shall  any  person  dress  or  undress  in  any  place 
in  said  Borough,  exposed  to  view,  under  a  like  penalty. 

Sec.  30.  No  person  shall  beat  any  drum  or  instrument  for  the 
purpose  of  attracting  the  attention  of  passengers  in  any  street  in  the 
Borough  of  Manhattan,  to  any  show  of  beasts  or  birds  or  other  things 
in  said  City:  nor  shall  any  person  use  or  perform  with  or  hire,  pro- 
cure or  abet  any  other  person  to  use  or  perform  with  any  musical 
or  other  instrument,  in  any  of  the  streets  or  public  places  in  the 
Borough  of  Manhattan.  The  provisions  of  this  section  shall  apply 
only  to  itinerant  musicians  and  side-shows,  and  shall  not  be  con- 
strued so  as  to  affect  any  band  of  music  or  organized  musical  so- 
ciety engaged  in  any  military  or  civic  parade  or  in  serenading,  who 
shall  comply  with  the  Laws  of  the  Slate  relating  to  parades  in  The 
City  of  New  York,  or  to  any  musical  performance  conducted  under  a 
license  from  the  proper  municipal  authority-.  No  person  shall  use 
or  perform  with  or  hire,  procure  or  abet  any  other  person  to  use 
or  perform  with,  any  hand  organ  in  any  of  the  streets  or  public 
places  in  the  Borough  of  Manhattan,  before  the  hour  of  9  a.  m.  nor 
after  the  hour  of  7  p.  m.  of  each  day,  nor  during  any  part  of  the 
firM  day  of  the  -week,  commonly  called  Sunday,  nor  within  a  distance 
of  500  feet  of  any  public  school  house  or  house  of  public  worship, 
during  school  hours  or  hours  of  public  worship,  nor  within  a  like 
distance  of  any  hospital,  asylum  or  other  institution,  nor  within  a 
distance  of  250  feet  of  any  dwelling  house  or  other  building,  when 
directed  or  requested  by  an  occupant  thereof  not  to  so  perform. 
No  person  shall  use  or  perform  upon  any  hand  organ  except  such 
organ  shall  be  licensed  as  hereinafter  ordained.  Upon  the  payment 
of  a  license  fee  of  $1  per  annum,  the  Mayor  may  license  Mich  number 
of  organs  as  he  may  deem  propet,  not  to  exceed,  however,  the 
total  number  of  300.  Such  license  must  be  conspicuously  displayed 
Upon  the  front  of  said  organ.  No  person  using  or  performing 
any  hand  organ  licensed  as  hereinbefore  recited  shall  solicit,  ask  or 
request  any  money  for  such  use  or  performance  in  any  way,  shape 
or  manner  directly  or  indirectly.  Any  violation  of  this  ordinance  or 
any  part  thereof  shall  be  a  misdemeanor,  and  punishable  by  a  tine 
not  exceeding  $10.  or  imprisonment  not  exceeding  ten  days  for  each 
offense. 

Sec  40.  Xo  person  within  the  Borough  of  Manhattan  shall, 
from  any  window  of  open  space  situated  in  any  story  of  a  house 
above  the  street  floor,  which  window  or  open  space  is  visible  from 
the  street,  or  from  the  sidewalk  on  the  opposite  side  of  the  street, 


2»U      ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


exhibit  to  the  public  upon  said  street,  or  upon  the  opposite  sidewalk, 
any  pantomime  performance  or  puppet  of  other  figures,  ballet  ofr 
other  dancing,  corned}',  farce,  show  with  moving  figures,  play  or 
other  entertainment  of  the  stage  or  dramatic  performance,  or  of 
that  nature,  under  the  penalty  of  $10  for  each  offense. 

Sec.  41.  Xo  advertising  trucks,  vans  or  wagons  shall  be  allowed 
in  the  streets  of  the  Borough  of  Manhattan,  under  a  penalty  of  $10 
for  each  offense.  Nothing  herein  contained  shall  prevent  the  put- 
ting of  business  notices  upon  ordinary  business  wagons,  so  long  as 
such  wagons  are  engaged  in  the  usual  business  or  regular  work  of 
the  owner,  and  not  used  merely  or  mainly  for  advertising. 

Sec.  42.  It  shall  not  be  lawful  for  any  person  to  place  or  keep 
on  any  window  sill,  railing  or  balcony,  top  or  porch  or  any  other 
projection  from  any  house  or  other  building  in  the  Borough  of  Man- 
hattan, any  earthen  flower  pots,  wooden  box  or  other  article  or  thing 
for  the  cultivation  or  retention  of  flowers,  shrubs,  vines  or  other  arti- 
cle or  thing  whatever,  unless  every  such  dower  pot,  box  or  other 
article  is  securely  and  firmly  fastened  or  protected  by  iron  railings, 
so  fastened  as  to  render  it  impossible  for  any  such  pot,  box  or  other 
article  to  fall  into  the  street,  under  a  penalty  of  $10  for  every  fftense, 
to  be  recovered  in  the  manner  now  specified  by  law  for  the  collec- 
tion of  fines  imposed  for  violations  of  ordinances  of  the  said  Borough. 

CHAPTER  3— PARTITION"  FENCES  AND  WALLS. 

Sec.  43.  All  partition  fences  in  the  Borough  of  Manhattan  shall 
be  made  and  maintained  by  the  owners  of  land  on  each  side,  and  each 
party  shall  make  and  keep  in  repair  one-half  part  thereof  when  it 
can  be  conveniently  divided. 

Sec.  44.  In  case  of  any  dispute  between  the  parties  concerning 
the  division  of  any  such  fence,  or  as  to  what  part  or  portion  of  it 
shall  be  made  or  repaired  by  each  party,  respectively,  and  in  all 
cases  of  dispute  concerning  the  sufficiency  of  any  fence  in  the  Bor- 
ough of  Manhattan,  the  matter  shall  be  determined  by  an  Alderman 
for  the  time  being  of  the  district  in  which  such  partition  or  other 
fence  may  be  situated. 

Sec.  45.  W  hen  any  partition  fence  cannot  be  conveniently  di- 
vided, the  same  shall  be  made  and  kept  in  repair  at  the  joint  and  equal 
expense  of  the  owners  of  the  land  on  each  side. 

Sec.  46.  W  hen  the  regulation  of  a  lot.  in  conformity  with  the 
street  on  which  it  is  situated,  shall  require  the  ground  of  such  lot 
to  be  raised  and  kept  up  higher  than  the  ground  of  the  adjoining 
lot  or  lots,  and  a  partition  wall  for  supporting  the  same  -hall  be 
necessary,  such  partition  wall  shall  be  made  and  maintained  by  the 


ORDINANCES  OF  *THE:  CITY  OF  NEW  YORK.  265 


©wrters,  respectively,  of  the  land  on  each  side,  and  when  the  same 
can  be  equally  divided  cadi  part}-  shall  make  and  keep  in  repair  one- 
halt  part  thereof. 

Sec.  47.  If  any  dispute  shall  arise  concerning  the  division  of 
Sti€h  partition  wall  between  the  parties,  Of  as  to  what  part  or  por- 
tion of  it  should  be  made  or  repaired  by  each  party,  respectively, 
or  concerning  the  sufficiency  of  any  such  partition  wall,  the  same 
shall  be  determined  by  the  Alderman. 

Sec.  4S.  Where  any  partition  wall  cannot  be  conveniently  divided 
the  same  shall  be  made  and  kept  in  repair  at  the  joint  and  equal 
expense  of  the  owners  of  the  land  on  each  side. 

Sec.  40.  Hie  regulation  of  lots,  in  conformity  with  the  street, 
should  be  calculated  not  to  exceed  a  descent  of  2  inches  011  every 
10  feet. 

Sec.  50.  Where  any  owner  or  owners  shall  insist  on  maintain- 
ing his,  her  or  their  ground  higher  than  such  regulation,  the  surplus 
partition  wall  which  may  be  necessary  to  support  such  height  shall 
be  made  and  maintained  at  the  individual  expense  of  such  owner 
or  owners. 

Sec.  51.  W  here  any  such  owner  or  owners  shall  insist  on  regu- 
lating his  or  her  or  their  ground  with  adescent  less  than  2  inches  on 
every  10  feet,  the  surplus  partition  wall  necessary  to  support  the 
ground  in  the  adjoining  lot.  regulated  in  conformity  with  the  pre- 
ceding section,  shall,  in  like  manner,  be  made  and  maintained  at  the 
individual  expense  of  such  owner  or  owners. 

Sec  52.  If  any  person  whose  duty  it  ma}*  be  to  make  or  repair 
any  partition  fence  or  partition  wall,  or  any  part  thereof,  in  pursu- 
ance of  the  provisions  of  this  law.  shall  neglect  so  to  do  for  six 
days  after  being  requested,  in  writing.,  by  the  owner  or  occupant  of 
the  .adjoining  ground,  it  shall  be  law  ful  for  such  owner  or  occupant 
to  make  or  repair  such  partition  fence  or  wall  or  cause  the  same 
to  be  done,  .and  to  recover  from  sucU  person  the  expense  of  making 
or  repairing  so  much  thereof  as  ought  to  have  been  made  or  re- 
paired by  him  or  her,  together  with  costs  of  suit,  in  any  court 
having  cognizance  thereof. 

Sec.  53.  All  outside  and  boundary  fences,  and  all  fences  erected 
on  the  line  of  any  public  road,  street,  lane  or  avenue  in  the  Borough 
of  Manhattan,  shall  be  at  least  5  feet  high,  and  shall  be  built  of  good 
and  substantial  materials.  ai*l  sufficient  in  all  respects  to  keep  out 
and  prevent  the  encroachment  of  cattle,  sheep  hogs  and  other 
animals,  and  shall  be  kept  in  good  repair,  and  of  the  height  mentioned. 

Sec.  54.  The  owner  or  owners,  lessees  or  lessees,  tenant  or  ten- 
ants, of  any  lot.  piece  of  ground  or  premises,  upon  which  any  fence 


266       ORDINANCES  OF   Till-:  CITY   ()!•    \K\Y  YORK 


not  of  the  height,  and  that  shall  not  he  erected  in  the  manner  or 
maintained  at  the  height  mentioned  in  the  preceding  section,  or  who 
having  erected  the  same,  shall  not  keep  the  same  in  good  repair, 
shall  not  recover  for  any  damage  he.  they  or  she  may  sustain  from 
any  cattle,  sheep,  hog.  or  other  animal  doing  damage  upon  his  oi- 
lier premises;  nor  shall  any  cattle,  sheep  or  other  animal  he  placed 
in  pound  for  doing  damage,  unless  such  fence  he  erected  and  kept 
of  the  height  and  in  the  manner  mentioned  in  the  last  preceding 
section. 

Sec.  55.  In  case  of  any  dispute  between  the  parties  concerning 
any  fence  embraced  within  this  article,  of  the  sufficiency  thereof,  the 
matter  shall  he  determined  by  the  Aldermen  for  the  time  being  of 
the  district  in  which  such  fence  may  he  situated. 

CHAPTER  4. 
Article  1 — Surface  Railroads. 

Sec.  56.  Each  and  ever}-  passenger  railroad  car  running  in  the 
Borough  of  Manhattan  shall  pa\  into  the  City  Treasury  the  sum  of 
$50  annually  for  a  license;  a  certificate  of  such  payment  to  he  pro- 
cured from  the  Mayor,  except  the  one-horse  passenger  ears  and  the 
Ninth  Avenue  Rail  Road  Company,  which  shall  each  pay  the  stun  of 
$25  annually  for  said  license  as  aforesaid,  and  except  such  as  pay  the 
um  of  3  per  cent,  or  over  on  the  gross  receipts,  or  where  the 
franchise  has  been  sold  at  public  sale  to  the  highest  bidder. 

Sec.  57.  Each  certificate  of  payment  of  license  shall  he  affixed 
to  some  conspicuous  place  in  the  car.  that  it  may  he  inspected  by 
the  proper  officer,  to  he  designated  and  appointed  by  the  Mayor. 

Sec.  58.  For  every  passenger  car  run  upon  any  of  the  railroads 
without  the  proper  certificate  of  license,  the  proprietor  or  proprietors 
thereof  shall  be  subject  to  a  penalty  of  $50  for  each  day  every  such 
car  shall  he  so  run,  to  he  recovered  by  the  Corporation  Counsel,  as 
in  the  case  of  other  penalties,  and  for  the  bene  fit  of  the  City 
Treasury. 

Sec.  59.  Ever}-  railroad  car  company  whose  Cars  are  propelled 
or  driven  within  the  limits  of  the  Borough  of  Manhattan  shall  pro- 
vide each  passenger  car.  baggage  car.  freight  car  or  other  vehicle  in 
use  by  said  company  upon  their  tracks  or  track  of  other  companies 
used  by  them,  within  the  Bon  ugh  limits,  with  a  good  light  or  lan- 
tern, which  shall  he  placed  in  a  conspicuous  position  on  the  front  ot 
the  car,  to  warn  persons  of  its  approach,  between  sunset  and  sunrise 
of  each  day. 

Sec.  60.  Every  such  company  which  shall  refuse  or  neglect  to 
conform  with  the  provisions  of  the  foregoing  section  shall  he  subject 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  267 


to  a  penalty  of  $100  for  each  and  every  trip,  or  part  of  trip,  through 
the  Hi  rough  limits  made  by  a  car  of  such  company  that  i<  not  pro- 
vided with  said  light,  such  penalty  to  he  recovered  in  the  name  and 
for  the  use  of  The  City  of  Xew  York. 

Sec.  6l.  It  shall  not  be  lawful  for  any  railroad  company  to 
operate  any  cars  upon  any  portion  of  its  route  in  the  streets  or  high- 
ways of  the  Borough  of  Manhattan,  without  providing  for  the  opera- 
tion and  management  of  every  such  car  a  conductor  as  well  as  a 
driver. 

Sec.  62.  For  every  trip  or  part  of  a  trip  made  by  any  car  of  any 
street  railway  company,  in  violation  of  the  provisions  of  the  fore- 
going section  of  this  ordinance,  the  company  so  offending  shall  he 
subject  to  a  penalty  of  $50  for  each  trip  or  part  of  a  trip  which  such 
car  >hall  so  make,  to  he  recovered  by  the  Corporation  Counsel,  as  in 
the  case  of  other  penalties. 

Sec.  63.  In  all  cases  where,  by  law.  a  passenger  is  entitled  to  be 
carried  for  one  fare  over  the  route  or  routes  of  any  company  or  com- 
panies operating  a  street  surface  railroad  or  railway  in  the  Borough 
Of  Manhattan,  and  such  company  or  companies  shall  require  to  trans- 
fer such  passenger  from  one  car  to  another,  there  shall  be  conspicu- 
ously posted  and  maintained  by  such  company  or  companies,  on  the 
inside  of  every  Car  employed  in  traversing  such  route  or  routes,  a 
notice  that  a  transfer  ticket  will  be  furnished  without  additional 
charge  to  each  and  every  passenger  who,  having  paid  one  fare,  de- 
sires to  traverse  such  route  or  routes. 

Sec.  64.  Ever}-  violation  of  the  foregoing  provisions  of  this  or- 
dinance shall  subject  such  company  or  companies  to  a  penalty  of  $5 
for  each  day,  or  part  thereof,  during  w  hich  the  notice  above  provided 
for  shall  not  be  posted  and  maintained  as  hereinbefore  required,  in 
each  and  every  of  the  cars  included  in  the  foregoing  section  of  this 
ordinance,  to  be  recovered  on  behalf  of  The  City  of  New  York  by 
the  Corporation  Counsel,  in  any  court  of  competent  jurisdiction. 

Sec.  65.  The  several  railroad  companies  now  running  cars  on  the 
surface  of  any  of  the  streets  in  the  Borough  of  Manhattan  are  hereby 
directed  and  required  to  cause  their  cars  to  be  run  and  operated  on 
their  tracks  as  frequently  as  public  convenience  may  require,  and 
not  less  than  one  car  every  twenty  minutes,  between  the  hours  of 
t  w  elve  .midnight  and  six  o'clock  a.  m..  each  and  every  day.  both  ways, 
for  the  transportation  of  passengers. 

Sec.  66.  Each  and  every  company  who  shall  neglect  or  refuse 
to  comply  with   the  provisions  ot   section    1   of  this  ordinance  shall 


2<»8      ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

thereby  incur  a  penalty  of  8100  for  each  and  every  such  neglect  or 
refusal,  to  be  recovered  by  the  Corporation  Counsel,  as  in  the  case 
of  other  penalties. 

Sec.  67.  It  shall  be  the  duty  of  every  person,  company  or  cor- 
poration operating  or  controlling  any  railroad  in  the  Borough  of  The 
Bronx,  City  of  Xew  York,  upon  which  cars  are  drawn  by  locomotive 
engines  other  than  those  known  as  "dummies,"  to  erect  and  main- 
tain suitable  and  substantial  gates  or  doors  on  each  and  either  side 
Of  said  railroad,  at  every  point  in  said  Borough  at  which  its  road 
or  tracks  cross  any  public  street,  road  or  avenue  at  the  grade  thereof. 
Such  gates  or  doors  shall  be  kept  well  painted  and  in  good  repair, 
and  be  attended  at  all  times  during  the  approach  and  passage  of 
cars  or  trains  by  sober,  careful  and  experienced  men.  whose  duty  it- 
shall  be  to  keep  the  tracks  clear  of  all  horses,  cattle  and  vehicles,  to 
properly  warn  all  the  persons  again  si  crossing  said  tracks  during 
the  approach  of  any  train,  locomotive  or  car,  and  to  close  said  gates 
or  doors  at  least  one  minute  before  the  passage  of  any  locomotive, 
engine  or  car  over  said  public  street,  road  or  avenue. 

Sec.  68.  It  shall  not  be  lawful  for  any  person,  company  or  cor- 
poration, operating  or  controlling  any  railroad  in  the  Borough  of  The 
Bronx,  City  of  Xew  York,  to  run  or  allow  to  be  run  any  locomotive 
or  locomotive  and  tender  without  cars  across  any  public  street,  road 
or  avenue  n  said  Borough,  unless  the  gates  or  doors  at  such  cross- 
ing are  closed  or  down,  or  to  permit  any  locomotive  or  steam  en- 
gine, car,  carriage,  wagon  or  vehicle  of  any  kind  whatever,  to  stand 
for  a  longer  time  than  five  minutes  at  the  intersection  caused  by  the 
crossing  of  such  railroad  and  any  public  street,  road,  or  avenue  at 
the  grade  thereof. 

Sec.  69.  Every  failure  to  comply  with  the  provisions  of  this  or- 
dinance on  the  part  of  the  president,  directors,  superintendent  or 
other  officers  of  any  company  or  corporation,  or  on  the  part  of  any 
person  or  persons  operating  or  controlling  any  such  railroad,  shall  be 
deemed  a  misdemeanor,  and  the  person  or  persons  so  offending  shall 
be  punished  on  conviction  before  any  of  the  City  Magistrates  of  The 
City  of  New  York,  pursuant  to  the  provisions  of  section  85  of  The 
N(  w  York  City  Consolidation  Act  of  1882. 

Sec.  70.  It  shall  be  unlawful  for  any  railroad  company  or  com- 
panies using  the  tunnel  or  tunnels  in  Park  avenue,  and  for  any  mana- 
ger, employee  or  servant  of  such  company  or  companies  to  permit 
bituminous  coal  smoke-  to  escape  from  any  locomotive  while  in  or 
running  through  said  tunnels. 

Sec.  71.  .Any  company,  manager  or  employee  or  servant  of  any 
railroad  company  or  companies  who  shall  allow  or  suffer  any  viola- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  261 


tion  of  this  ordinance  to  be  committed  within  any  of  said  tunnels 
shall  pay  a  penalty  of  $50,  and  in  default  of  payment  of  such  fine, 
shall  be  punished  by  imprisonment,  as  provided  by  section  85  of  the 
New  York  City  Consolidation  Act  of  1882. 

Sec.  72.  Such  penalty  shall  be  without  prejudice  to  the  right  oJ 
action  of  any  person  injured  by  violation  of  this  ordinance. 

Sec.  73.  The  several  railroad  companies  whose  lines  terminate  at 
the  port  of  New  York  may  draw  or  cause  to  be  drawn  their  freight 
cars  by  the  use  of  dummy  engines  furnished  by  the  said  railroads, 
or  the  Central  Park,  North  and  East  River  Railroad  Company  as 
may  be  agreed  upon,  between  the  hours  of  7  o'clock  in  the  evening 
and  5  o'clock  in  the  morning,  betwen  the  15th  day  of  .April  and  the 
15th  day  of  September,  and  between  the  hours  of  6  o'clock  in  the 
evening  and  5.30  o'clock  in  the  morning,  between  the  15th  day  ol 
September  and  the  15th  day  of  April  in  each  year,  over  the  railroad 
tracks  used  by  the  said  Central  Park,  North  and  East  River  Rait 
road  Company  on  West  street,  and  from  West  street  to  and  on  the 
East  river  side  of  the  Borough  of  Manhattan  as  far  as  Orand  street, 
with  the  consent  of  said  company,  and  also  to  lay  down  railroad 
tracks  to  and  upon  any  of  the  bulkheads  and  piers  and  into  ware- 
houses on  the  North  and  East  rivers  to  connect  with  any  railroad 
tracks  now  laid  on  West  street,  and  also  to  connect  with  any  rail- 
road tracks  from  West  street  to  Orand  street,  on  or  near  the  Easl 
river,  used  by  the  said  Central  Park,  North  and  East  River  Railroad 
Company,  with  the  necessary  branches,  switches  and  turnouts,  and 
to  run  freight  cars  thereon,  provided  the  consent  of  the  owners, 
lessee  or  lessees  of  said  bulkheads  and  piers  and  warehouses  for  the 
construction  of  said  branches,  switches  and  turnouts  be  first  had  and 
obtained.  Every  railroad  company  which  shall  avail  itself  of  the 
permission  hereby  granted  shall  limit  the  number  of  loaded  cars  tfl 
be  drawn  by  a  dummy  engine  at  any  one  time  to  fifteen  and  the 
speed  of  said  engine  to  six  miles  an  hour,  and  shall  pay  to  The  Citj 
of  New  York  an  annual  license  fee  of  $50  for  each  dummy  engine 
run  by  said  company.  None  of  said  cars  shall  be  permitted  to  stand 
on  said  railroad  tracks,  nor  shall  they  be  loaded  or  unloaded  excep.1 
on  said  bulkheads  and  piers  or  in  said  warehouses.  Provided  always 
that  said  Central  Park,  North  and  East  River  Railroad  Company 
shall  extend  equal  privileges  to  said  first-mentioned  companies  foi 
the  use  of  its  railroad  tracks. 

Sec.  74.  The  Sixth  Avenue  .Railroad  Company,  or  the.  Metro- 
politan Street  Railway  C«  mpany,  lessee  thereof,  shall  be  required  to 
run  cars  over  so  much  of  its  route  as  continues  from  West  Thin! 
street  and  Sixth  avenue  to  Carmine  street,  to  Varick  street,  to  W  all? 


210      ORDINANCES  OF  THE  CITY  OF   NEW  YORK 


street,  to  the  Desbrosses  street  ferry  and  return,  in  the  Borough  of 
Manhattan,  at  intervals  of  not  more  than  live  minutes,  between  the 
hours  of  5  o'clock  a.  in.  and  i  I  o'clock  p.  nr.,  under  a  penalty  of  $25 
tor  each  violation  of  this  provision. 

See.  75.  The  Metropolitan  Street  Railway  Company  be  and  it  i> 
hereby  directed  to  have  placed  on  each  and  every  ear  operated  on  the 
Lexington  avenue  branch  of  its  system  a  sign  indicating  in  plain  let- 
ters the  exaet  stepping  point  at  the  end  of  the  run  of  each  and  every 
car  so  operated  on  said  Lexington  avenue  branch  of  the  railroad 
system  of  the  Metropoitan  Street  Railway  Company. 

Sec.  76.  Each  and  every  violation  of  the  provisions  of  the  Fore- 
going section  shall  be  subject  to  a  line  of  not  less  than  ten  (10) 
dollars. 

Article  2 — Elevated  Railroads. 

See.  77.  There  shall  be  phund  or  suspended  and  lighted,  beneath 
each  depot  station  of  the  several  elevated  railways  in  the  Borough  of 
Manhattan]  two  lights  of  gas,  or  other  illuminating  material  of  not 
less  power,  inclosed  in  "boulevard  lamps"  or  glass  globes,  of  such 
pattern  and  in  such  places  under  said  depots  as  shall  be  approved  by 
the  President  of  the  Borough,  and  every  such  light  shall  be  kept 
burning  during  the  same  hours  as  the  ordinary  street  lamps.  Every 
failure  to  comply  with  the  provisions  of  this  section  on  the  part  of 
the  president,  superintendent,  directors  or  other  officer  of  every  such 
railroad  company,  shall  be  deemed  a  misdemeanor,  and  shall  be  pun- 
ished, on  conviction  before  any  of  the  City  Magistrates  of  The  City 
of  New  York,  by  a  fine  not  exceeding  ten  dollars  ($10)  for  each 
offense,  or  in  default  of  payment  of  such  line,  by  imprisonment  not 
exceeding  ten  days. 

Sec.  78.  It  shall  not  be  lawful  to  permit  any  oil,  grease,  water, 
coals,  scraps  of  iron,  tools,  or  other  liquid  or  solid  substances,  to 
fall  or  be  dropped  or  be  thrown  from  any  engine,  ear,  track,  depot 
or  other  portion  of  the  elevated  railroads,  into  or  upon  any  street, 
avenue  or  public  place  in  the  Borough  of  Manhattan;  and  every  per- 
son offending  against  the  above  provisions  of  this  section,  and  the 
president,  superintendent,  directors  or  other  officers  of  every  such 
railroad  company  who  shall  permit  or  allow  any  of  the  employees, 
agents,  or  servants  of  any  railroad  company  to  violate  any  of  said 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  before  any  of  the  Police  Magistrates  of 
this  City,  shall  pay  a  line  not  exceeding  ten  dollars  ($10)  for  each 
offense,  or  in  default  of  payment  of  said  line,  shall  be  punished  by 
imprisonment  not  exceeding  ten  days. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  271 


Sec.  79.  Ail  elevated  railroad  companies  or  other  companies  op- 
crating  elevated  railroads  in  the  Borough  of  Manhattan  shall  place 
a  guard-rail  and  a  hoard  pathway  on  each  side  and  in  the  centre  of 
such  elevated  railroad  structures  throughout  the  entire  length  thereof 
and  keep  and  maintain  the  same,  and  that  for  a  violation  of  this 
ordinance  each  elevated  railroad  company  or  other  company  oper- 
ating such  railroads  shall  he  liable  to  a  line  of  not  less  than  fifty 
dollars  ($50)  for  each  day  of  such  violation. 

CHAPTER  5— MISCELLANEOUS  ORDINANCES. 
Article  1 — To  Prevent  Injury  to  Hose  at  Fires. 

Sec.  80.  The  driver  of  any  vehicle  who  shall  drive  any  such 
vehicle  over  or  across  any  hose  in  use,  or  about  to  be  used,  or  while 
lying  in  the  carriageway  after  being  used  in  any  street,  avenue  Or 
public  place  in  the  Borough  of  Manhattan,  by  any  portion  of  the  Fire 
Department,  for  extinguishing  any  lire  that  may  occur  within  the 
limits  of  said  Borough,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  an  conviction  thereof  before  any  Police  Magistrate,  shall  pay  a 
line  of  $10,  or  in  default  of  the  payment  of  such  hue,  by  imprison 
ment,  provided  such  imprisonment  does  not  exceed  ten  days. 

Sec.  81.  The  provisions  of  this  last  preceding  section  shall  not 
apply  to  drivers  of  wagons  carrying  the  United  States  mail,  t" 
ambulance^!  when  conveying  any  patient  or  injured  person  to  any 
hospital,  or  when  proceeding  to  the  scene  of  any  accident  by  which 
any  person  or  persons  have  been  injured;  or  to  any  driver  of  any 
vehicle  who  may  be  permitted  to  drive  over  or  across  any  such  hose 
by  the  officer  of  the  Fire  Department  in  command  of  the  force  op- 
erating at  any  such  lire,  and  under  his  direction. 

Article  2 — Placards  on  Lamp-posts,  etc. 

Sec.  82.  No  person  shall  attach,  place  or  paste,  or  cause  to  be 
attached,  placed  or  pasted  any  sign,  advertisement,  notice  or  hand 
bill,  or  other  matter  on  any  curbstone,  flagstone  or  any  other  p  >r- 
tion  or  part  of  any  sidewalk  or  curbstone  in  the  Borough  of  Man- 
hattan, under  a  like  penalty. 

Sec.  83.  The  violation  of  any  of  the  provisions  of  the  preceding 
section  shall  be  punishable  by  a  line  of  not  less  than  $]  or  more 
than  $10. 

Article  3 — Defacing  Sidewalks. 

Sec.  84.  No  person  shall  deface  any  sidewalk  in  the  Borough  of 
Manhattan,  by  printing  thereon  any  advertisement  or  other  matter, 
without  the  consent  of  the  owner  thereof,  under  penalty  of  $5  lor 
each  offense. 


ORDINANCES  OF  THE  GITY  OF  NEW  YORK. 


Article  4 — Blasting  of  Rocks. 

Sec.  85,  In  all  cases  of  blasting  rock  within  the  Borough  of 
Manhattan,  each  blast,  before  firing  it,  shall  be  covered  on  the  top 
and  sides  with  tin  sufficiently  large  to  cover  the  rock  to  be  broken, 
and  the  tin  to  be  covered  with  at  least  twelve  timbers  10  inches  square 
and  10  feet  long  each,  to  be  held  together  at  each  end  by -a  chain  of 
either  steel  or  iron  three-quarters  of  an  inch  in  diameter.  The  ex- 
plosive to  be  used  shall  not  exceed  one  pound  in  weight  of  40  per 
cent,  explosive  for  each  4  feet  depth  of  hole  that  is  not  10  feet  below 
the  curb,  and  one  pound  in  weight  of  60  per  cent,  explosive  for  each 
4  feet  depth  of  hole  that  is  more  than  10  feet  below  the  curb. 

Sec.  86.  Three  minutes'  notice  before  firing  the  blasts  shall  be 
given  by  displaying  a  red  flag  on  a  staff  not  less  than  10  feet  high, 
set  in  a  conspicuous  place  within  25  feet  of  the  point  where  the  charge 
i-  placed,  and  also  by  calirig  out  the  words  "A  blast"  several  times 
repeated  and  loud  enough  to  be  distinctly  heard  at  a  distance  of  200 
Feet  from  the  point  of  discharge,  and  shall  notify  the  occupants  of  all 
hou>es  within  three  hundred  (300)  feet  of  the  place  of  blasting  on  the 
•Morning  of  each  day  upon  which  blasting  shall  be  done. 

Sec.  87.  For  every  violation  of  cither  of  the  preceding  sections  of 
Shis  article  the  offending  party,  upon  complaint  and  conviction  there- 
of before  a  City  Magistrate,  shall  be  liable  to  a  fine  of  $25,  ^fnd  stand 
&ommitted  until  the  same  is  paid. 

Article  5 — Ice  Wagons. 

Sec.  88.  It  shall  not  be  lawful  for  the  owner  or  driver  of  any 
n agon  used  for  the  sale  of  ice  in  any  of  the  streets,  avenues  or  public 
places  in  the  Borough  of  Manhattan,  to  permit  or  allow  the  scale 
thereon,  or  the  beam  to  which  it  may  be  attached,  or  other  imple-> 
ments  for  handling  ice,  to  project  or  hang  outside  or  beyond  the  side 
or  end  of  such  wagon  when  in  motion,  under  the  penalty  prescribed 
by  section  85  of  the  New  York  Consolidation  Act. 

Article  6 — Racing  Horses. 

Sec.  89.  No  person  shall  run  or  race  any  horse  in  any  public 
street,  road  or  avenue  in  the  Borough  of  Manhattan,  nor  shall  con- 
sent to  or  suffer  such  racing,  under  the  penalty  of  $50  to  be  recovered 
from  the  person  or  persons  who  shall  so  race,  or  suffer  or  permit  such 
racing,  and  the  owner,  rider  and  the  person  having  charge  of  any  ani- 
mal which  shall  so  race  and  run.  severally  and  respectively. 

Sec.  90.  The  last  preceding  section  of  this  article  shall  be  con- 
strued to  prevent  and  punish  the  running,  racing  or  trotting  of  any 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  273 


horse  or  horses,  for  any  trial  of  speed  or  for  the  purpose  of  passing 
any  other  horse  or  horses,  whether  the  same  be  founded  upon  any 
stake,  bet  or  otherwise. 

See.  91.  Xo  person  shall  drive  any  horse  before  a  sleigh  or 
sled  through  any  of  the  public  streets  or  avenues  of  the  Borough  of 
Manhattan,  unless  there  shall  be  a  sufficient  number  of  bells  attached 
to  the  harness  of  sueh  horse  and  sleigh  or  sled  to  warn  persons 
of  his  approach,  under  the  penalty  of  $10  for  each  offense,  to  be 
paid  by  the  driver,  owner  or  person  having  the  care,  charge  or 
keeping  thereof,  severally  and  respectively. 

Article  7 — Automobiles. 

Sec.  92.  The  Mayor  of  The  City  of  Xew  York  shall,  from  time 
to  time,  issue  licenses,  under  hi-  hand  and  seal,  to  so  many  and 
such  persons  as  he  shall  think  proper,  to  keep  for  hire,  in  the  said 
City,  horseless  coaches,  carriages  and  cabs,  designed  for  propulsion 
by  electricity  supplied  by  an  electric  storage  battery  or  batteries, 
and  may  revoke  any  and  all  of  said  licenses  for  cause. 

Sec.  The  provisions  and  penalties  of  the  ordinances  of  said 

City  of  New  York  relating  to  the  licensing  of  hackney  coaches  or 
cabs  and  drivers  thereof,  and  to  rates  and  prices  of  fares,  so  far  as 
the  same  may  be  consistent,  shall  apply  to  coaches,  carriages  and 
cabs  to  be  licensed  hereunder,  and  to  the  owners  and  drivers  thereof. 

Sec.  94.  Every  such  horseless  coach,  carriage  or  cab  shall  be 
equipped  with  a  bell  to  be  used  to  signal  its  approach  to  pedestrians 
and  t<.  other  vehicle.-. 

PART  III. 

ORDINANCES  AFFECTING  THAT  PART  OF  THE  CITY  OF 
NEW  YORK  INCLUDED  WITHIN  THE  BOROUGH 
a  OF  BROOKLYN. 

CHAPTER  I. 

Article   1 — The  Borough  President. 

Sec.  1.  The  Borough  President  shall  have  the  power  to  grant 
permits  to  builders  to  occupy  not  to  exceed  one-third  of  the  carriage- 
way of  any  street  or  avenue  with  building  material,  provided  in  his 
opinion  the  public  interests  and  convenience  will  not  suffer  thereby. 
Such  permits  shall  provide  expressly  that  they  are  given  upon  con- 
dition that  the  sidewalks  and  gutters  shall  at  all  times  be  kept  clear 
and  unobstructed,  and  that  all  dirt  and  rubbish  shall  be  promptly 
removed  from  time  to  time  by  the  party  obtaining  such  permit,  and 
all  such  permits  may  be  revoked  by  him  at  pleasure.    Xo  such  permit 


274 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


shall  be  granted  to  any  builder  or  builders  unless  such  builder  or 
builders  shall  at  the  time  said  permit  is  granted  have  on  deposit  with 
the  Borough  President,  the  sum  of  fifty  dollars  ($."">()),  as  a  guarantee 
that  he  or  they  will  promptly  comply  with  the  eonditions  of  all 
permits  which  may  be  so  granted,  including  the  prompt  removal 
of  all  dirt  and  rubbish  placed  upon  the  street  from  time  to  time, 
and  also  for  the  prompt  removal  after  the  expiration  or  revocation 
of  any  such  permit,  of  any  building  material  placed  upon  any  street 
or  avenue  thereunder. 

The  Borough  President  is  hereby  authorized  and  empowered  t<> 
use  so  much  of  the  moneys  so  deposited  as  may  be  required  to  effect 
the  prompt  removal  of  such  dirt  or  rubbish  as  may  be  from  time 
to  time  left  upon  the  streets  by  the  party  making  said  deposit,  and 
also  for  the  purpose  of  removing  any  building  material  which  may 
remain  thereon  after  the  expiration  or  revocation  of  any  permit  under 
•which  it  was  so  placed. 

In  case  any  such  deposit  shall  become  impaired  or  exhausted  by 
its  use  hy  said  Borough  President  in  the  removal  of  dirt,  rubbish  or 
building  material,  the  amount  shall  be  made  up  immediately  to  the 
sum  of  fifty  dollars  ($."><)).  on  notice  from  said  Borough  President  and 
in  default  thereof,  all  permits  theretofore  issued  to  the  builder  or  build- 
ers failing  to  comply  with  such  notice  shall  be  revoked  and  no  permit 
shall  be .  thereafter  granted  him  or  them  until  such  deposit  be  made 
good. 

An}'  builder  or  builders  may  at  any  time  withdraw  his  or  their 
-aid  deposit  provided  said  builder  or  builders  hold  no  unexpired 
permits  and  have  fully  complied  with  all  the  conditions  of  all  premits 
theretofore  issued,  otherwise  said  builder  or  builders  shall  be  only 
entitled  to  withdraw  and  receive  as  much  of  said  deposit  as  may  re- 
main unexpended  after  the  provisions  of  this  section  relative  to  the 
use  of  said  money  for  the  removal  of  dirt,  rubbish  or  building  ma^ 
terial,  as  the  case  may  be.  have  been  carried  into  effect. 

Sec.  2.  Whenever  any  person  or  persons,  corporation  or  corpo- 
rations, association  or  associations,  shall  leave  any  building  materials 
(telegraph  poles  or  other  obstructions  on  any  public  street  or  place, 
or  shall  make  any  excavations  therein  under  the  authority  ot  any 
law,  ordinance  or  permit,  suitable  lights  shall  be  placed  thereon  in 
the  night  time  to  indicate  such  obstructions  or  excavations.  Any 
such  person  or  persons,  corporation  or  corporations,  association 
or  associations  neglecting  to  comply  with  the  provisions  of  this  sec- 
tion, shall  be  liable  to  pay  a  penalty  of  twenty-live  dollars  ($2.'))  for 
each  and  every  offense:  provided,  however,  that  nothing  herein  con- 
tained shall  be  construed  to  authorize  the  construction  or  excavation 
of  any  street  or  place  except  as  the  same  is  authorized  or  provided 
by  law  or  ordinance. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  3-  Aii\-  person  or  persons  owning  or  occupying  premises  in 
from  of  which  the  gutter  has  been  bridged  to  facilitate  the  passage 
of  vehicles,  shall  keep  the  gutter  under  such  bridge  free  from  ob- 
structions, and  in  default  of  their  so  doing  in  any  case,  the  Borough 
President  is  authorized  to  remove  said  bridge,  clean  the  gutter  there- 
under and,  in  his  discretion,  to  replace  said  bridge  or  restore  said 
street  to  its  original  condition,  all  of  said  work  to  be  done  at  the 
cost  of  the  said  person  or  persons  so  owning  or  occupying  the  said 
premises,  to  be  recovered  by  an  action  to  be  brought  by  the  Corpo- 
ration Counsel  for  that  purpose. 

Article  2 — The  Commissioner  of  Water  Supply,  Gas  and  Electricity. 

Sec.  4.  In  case  any  person  shall  trespass  on  any  part  of  the  em- 
bankment of  the  reservoirs,  or  go  or  remain  on  the  same  without 
permission  of  the  proper  persons  having  charge  of  the  same;  or  in 
case  any  person  does  not  comply  with  the  regulations  of  the  Depart- 
ment of  Water  Supply.  Gas  and  Electricity,  as  to  the  time  they  shall 
leave  the  embankment  of  >>aid  reservoirs,  or  the  grounds  or  buildings 
attached  to  said  reservoirs,  that  then,  and  in  that  case,  such  person 
shall  be  subject  to  a  tine  of  $25,  to  be  levied  and  collected  in  the 
manner  aforesaid:  and  in  default  of  payment,  imprisonment  as  in 
like  manner,  not  to  exceed  25  days  in  the  City  prison. 

Art/cle  3 — Sidewalks  and  Roadways. 

Sec.  5.  In  all  streets  of  the  Borough  of  Brooklyn  of  the  width 
of  40  feet  and  upwards  which  shall  hereafter  be  paved,  the  sidewalks 
or  foot  walks  between  the  Lines  of  the  street  and  kennels  shall  be  of 
the  following  width,  that  is  to  say: 

"In  all  streets  40  feet  wide.  10  feet/' 

"In  all  streets  50  feet  wide,  13  feet." 

"In  all  streets  60  feet  wide.  15  feet." 

"In  all  street  70  feet  wide,  is  feet." 

"In  all  streets  80  feet  wide.  L9  feet." 

"In  all  streets  SO  feet  wide,  and  not  exceeding  100  feet.  20  feet." 

"In  all  streets  le>>  than  40  feet  in  width,  such  proportion  thereof 
as  may  be  directed  by  the  Board  of  Aldermen  shall  be  used  and  flag- 
ged for  the  sidewalks  and  footpaths." 

On  all  streets  of  the  Borough  of  Brooklyn  of  66  feet  which  here- 
after be  paved,  the  sidewalks  or  footwalks  between  the  line  of  the 
streets  and  kennels  shall  be  is  feet  in  width. 

Sec.  6.  All  sidewalks  in  the  Borough  of  Brooklyn  which  shall 
hereafter  be  laid  shall  be  raised  from  the  curbstone  in  the  proportion 
of  two  (2)  inches  on  ten  (10)   feet  under  the  penalty  of  $10.  to  be 


276      ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


sued  For  and  recovered  from  the  person  laying  the  same,  and  the 
owner  or  owners  of  the  lot  fronting  on  the  sidewalk  severally  and 
respectively. 

Sec.  7.  All  sidewalks  in  the  Borough  of  Brooklyn,  and  the  flag- 
ging or  other  materials  which  the  same  shall  he  laid  or  covered,  shall 
be  repaired  and  kept  in  repair  at  the  expense  of  the  owner  or  owners 
of  the  premises  or  lots  fronting  or  adjoining  the  sidewalk. 

Sec.  8.  When  any  sidewalk  in  said  City  shall  be  out  of  repair  in 
any  way,  or  the  flags  or  other  material  with  which  it  is  laid  or  cov- 
ered shall  he  loose,  broken,  decayed,  removed  or  otherwise  out  of 
repair,  the  Borough  President  shall  report  the  same  to  the  Board 
of  Aldermen,  and  if,  after  the  authorization  thereto  by  -aid  Board 
the  owner  or  owners  of  record  of  any  lot  or  premises  fronting  or 
adjoining  such  sidewalk  shall  refuse  or  neglect  to  repair  tin-  same 
in  a  good,  sufficient  and  proper  manner,  as  required  by  the  Borough 
President  within  ten  days  after  a  written  or  printed  notice  shall  have 
been  served  by  such  officer  or  other  person  in  his  name,  on  such 
owner  or  owners,  or  either  of  them  personally,  or  shall  have  left 
at  the  place  of  residence  of  such  owner  or  owners,  or  either  of  them 
in  this  City,  or  if  such  owner  or  owners  or  any  of  them  do  not  reside 
in  this  City  and  such  notice  shall  not  be  personally  served,  then  within 
fifteen  days  after  such  notice  shall  have  been  served  by  mail,  addressed 
to  said  owner  or  owners  at  his  place  of  residence,  or  where  such  resi- 
dence  is  unknown  to  the  said  Borough  President,  posted  in  a  con- 
spicuous place  on  said  premises,  such  owner  or  owners  shall  severally 
forfeit  and  pay  $25  for  each  lot  fronting  on  or  adjoining  the  side- 
walk which  shall  not  have  been  repaired  by  such  owner  or  owners 
within  the  time  and  in  the  manner  above  provided. 

And  the  Borough  President  may,  with  the  consent  of  the  Board 
of  Aldermen,  after  a  like  notice  or  without  notice  of  such  sidewalk 
be  in  a  dangerous  condition,  cause  the  same  to  be  repaired  as  afore- 
said at  the  expense  of  such  owner  or  owners.  The  penalty  aforesaid 
and  the  cost  and  expense  of  repairing,  where  done  by  the  said  Bor- 
ough President  to  be  sued  for  and  recovered  in  the  name  of  The 
City  of  New  York.  The  Corporation  Counsel  shall  cause  a  state* 
ment  of  such  cost  and  expense,  together  with  a  description  of  such 
premises,  to  be  filed  in  the  office  of  the  County  Clerk  of  the  County 
of  Kings. 

Sec.  9.  Any  owner  or  owners  of  property  in  the  Borough  of 
Brooklyn  may  lay  a  sidewalk  in  front  of  his.  her  or  their  premises,  oi 
such  material  and  in  such  manner  as  may  be  prescribed  by  ordinance, 
or  by  the  Borough  President,  but  no  sidewalk  shall  be  so  laid  unless 
under  a  written  permit  issued  by  the  Borough  President,  which  permit 
shall  state  the  kind  of  material  to  be  used  in  forming  such  sidewalk. 
If  bluestone  or  granite  flags  are  to  beused.  they  shall  be  of  the  fol- 


ORDINANCES  OF  THE  CITY  OK  XEW  YORK. 


277 


lowing  dimensions,  to  wit:  Not  less  than  five  (.">)  feet  in  length  nor 
less  than  three  (.'])  feet  in  width,  and  not  less  than  two  and  one-half 
(2  1-2)  inches  in  thickness  at  the  thinnest  part,  provided,  however, 
that  where  the  sidewalk  is  to  he  laid  the  full  width  thereof,  the  outer 
and  inner  courses  of  flags  may  be  of  a  lesser  length,  but  shall  con- 
form to  the  other  courses  in  thickness  and  width.  Each  and  every 
course  to  be  of  flags  of  uniform  length.  The  specifications  for  flag- 
ging the  sidewalks  of  various  streets  in  the  Borough  of  Brooklyr 
to  be  done  under  public  contracts,  shall  apply  to  the  work  to  be  don< 
under  any  permit  issued  as  aforesaid  in  every  respect  as  to  quality 
of  stone,  foundation  for  flagging,  tilling  of  joints,  regulating  the 
grade  of  sidewalks,  relaying  of  sidewalks  to  full  width,  cleaning  up 
rubbish,  defective  work,  condemned  material,  etc..  so  far  as  the 
same  can  be  made  properly  applicable  to  such  private  work.  The 
penalty  for  violation  of  any  of  the  foregoing  provisions  shall  be 
$10  for  each  offense. 

It  shall  be  the  duty  of  the  Borough  President  to  insert  ir:  all 
specifications  for  flagging  sidewalks  with  bluestone  flagging  under 
proceedings  for  assessing  the  cost  thereof  upon  the  owner  of  the 
abutting  property,  the  following  provisions: 

"All  flags  to  be  laid  under  contract  of  which  these  specific;.'  •  ns 
form  a  part  shall  be  of  the  following  dimensions,  to  wit:  Not  less 
than  five  (5)  feet  in  length,  nor  less  than  three  (3)  feet  in  width,  nor 
less  than  two  and  one-half  (2  1-2)  inches  in  thickness  at  their  thinnest 
part,  provided,  however,  that  when  the  sidewalks  is  to  be  laid  the  full 
width  thereof,  the  outer  and  innner  courses  of  flags  may  be  of  a 
lesser  length,  but  shall  conform  to  the  other  courses  in  thickness 
and  width  and  each  and  every  course  shall  be  of  a  uniform  length. 
The  flags  shall  be  placed  upon  the  carriageway  or  sidewalk  adjoin- 
ing the  premises  in  front  of  which  such  flagging  is  to  be  done  and 
shall  not  be  placed  in  position  until  the  same  have  been  inspected 
by  some  authorized  Inspector  from  the  Borough  President,  nor  until 
the  bed  for  such  flags  shall  have  been  approved  by  such  Inspector." 

Sec.  10.  It  shall  be  the  duty  of  the  Borough  President  to  remove 
any  flagging  which  may  be  hereafter  laid  contrary  to  the  provi-i<  ns 
of  the  preceding  section,  the  cost  and  expense  of  which,  together 
with  the  penalty  aforesaid,  shall  be  recoverable  in  any  proper  form 
of  action  of  the  owner  or  owners,  or  occupant  of  the  premises  apper- 
taining to  the  same  respectively;  such  action  to  be  taken  in  the 
name  of  The  City  of  Xew  York. 

The  Corporation  Counsel  shall  cause  a  statement  of  such  cost 
and  expense,  together  with  the  description  of  such  premises,  to  be 
filed  in  the.  office  of  the  County  Clerk  of  the  County  of  King-. 

Sec.  11.  In  all  eases  where  the  sidewalk  or  carriageway  »;  t 
street  shall  be  encumbered  or  obstructed  by  the  caving  in  or  falling 


278      ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


off  of  any  dirt,  earth,  rubbish  or  anything  whatever,  from  any  lot 
adjoining  such  sidewalk's  or  carriageway,  it  shall  be  the  duty  of 
the  owner,  owners  or  occupant  of  such  lot  to  cause  the  said  dirt, 
earth,  rubbish  or  other  thing  to  be  removed  and  cleaned  from  such 
sidewalk  or  carriageway  within  ten  days  after  a  written  or  printed 
notice  shall  have  been  served  by  the  Borough  President  or  other 
person  in  his  name,  on  such  owner  or  owners,  or  either  of  them 
personally,  or  shall  have  been  left  at  the  place  of  residence  of  such 
owner  or  owners,  or  either  of  them,  in  this  City,  or  if  such  owner  or 
owners  or  any  of  them  do  not  reside  in  this  City,  and  such  notice 
shall  not  be  personally  served,  then  within  twenty  days  after  such 
notice  -hall  be  sent  by  mail,  addressed  to  such  owner  or  owners 
at  his  place  of  residence,  or  when  such  residence  is  unknown  to  the 
said  Borough  President,  posted  in  a  conspicuous  place  on  said  premi 
ses. 

Sec.  1:2.  If  such  owner,  occupant  or  agent  does  not  remove  such 
dirt,  rubbish  or  anything  whatsoever  from  the  sidewalk  or  thorough- 
fare fronting  his  premises  within  the  time  specified  in  the  foregoing 
-ection  after  notice  thereof,  it  shall  be  the  duty  of  the  Borough  Presi- 
dent to  cause  the  same  to  be  removed  at  the  expense  of  said  owner 
or  owners,  his  or  their  occupant  or  agent,  and  such  expenses  shall  be 
sued  for  and  recovered  in  the  name  of  The  City  of  Xew  York,  in 
addition  to  the  penalty  imposed  by  the  preceding  section.  The  Cor- 
poration Counsel  shall  cause  a  statement  of  such  cost  and  expense, 
together  with  the  description  of  such  premises,  to  be  hied  in  the 
office  of  the  County  Clerk  of  the  County  of  Kings. 

Sec.  13.  Any  owner  or  owners  of  property  in  the  Borough  of 
Brooklyn  may  lay  a  granolithic,  cement  or  concrete  sidewalk  in 
front  of  his,  her  or  their  premises,  hut  no  sidewalk  shall  be  so  laid 
without  a  written  permit  issued  by  the  Borough  President.  When- 
ever such  sidewalk  is  to  be  laid  there  shall  be  a  foundation  therefor 
at  least  twelve  (12)  inches  in  thickness,  composed  of  steam  cinders 
or  clean,  sharp  gravel  resting  on  a  linn  base.  All  material,  composi- 
tion and  work  shall  conform  to  specifications  approved  by  the  Chief 
Engineer  and  the  Borough  President,  on  tile  in  his  Department; 
and  all  provisions  of  these  ordinances  as  to  the  inspection  of  material 
or  work  in  the  flagging  of  sidewalks  or  as  to  the  remedy  to  be  applied 
in  the  case  of  Magging  inmproperly  laid,  shall  apply  equally  to  the 
sidewalks  laid  under  this  section. 

Sec.  14.  The  widths  of  the  roadways  and  the  sidewalks  of  the 
streets  in  the  Twenty-ninth  and  Thirty-second  Wards  of  the  Bor- 
ough of  Brooklyn  are  hereby  fixed  at  the  dimensions  prescribed  by 
the  ordinances  of  the  former  City  of  Brooklyn,  instead  of  the  dimen- 
sions indicated  upon  the  title  pages  of  the  maps  of  the  former  Towns 
of   I'latbush.   Xew   L'tretch.  GraveSend  and   Flatlands,  except   in  the 


ORDINANCES  OF  THE  CITY  OF  NEW   YORK.  279 


case  of  the  following-named  streets  and  avenues  where  the  width 
of  roadways  and  sidewalks  shall  remain  as  shown  upon  the  above- 
mentioned  town  survey  maps,  and  where  the  streets  have  already 
been  paved : 

Thirteenth  avenue  within  the  limits  of  the  Twenty-ninth  Ward. 
Sixteenth  avenue  within  the  limits  of  the  Twenty-ninth  Ward. 
Malbone  street,  within  the  limits  of  the  Twenty-ninth  Ward. 
East  Xew  York  avenue  within  the  limits  of  the  Twenty-ninth 
Ward. 

Church  avenue  for  its  entire  length. 

Tilden  avenue  (formerly  Vernon  avenue),  between  Flatbush 
avenue  and  Holy  Cross  Cemetery. 

Cortlyou  road,  for  its  entire  length. 
Clarendon  road,  for  its  entire  length. 

Avenue  E  (or  Ditmars  avenue),  between  Coney  Island  avenue  and 
West  avenue,  and  between  Remsen  avenue  and  RockaAvay  avenue. 

Avenue  F,  between  Rogers  avenue  and  Ocean  avenue. 

Flatlands  avenue,  within  the  limits  of  the  Thirty-second  Ward. 

Rogers  avenue,  from  Malbone  street  to    Flatbush  avenue. 

New  York  avenue,  from  Malbone  street  to  Church  avenue. 

Albany  avenue,  from  Malbone  street  to  its  southerly  end. 

Utica  avenue,  from  East  Xew  York  avenue  to  Flatbush  avenue. 

Ralph  avenue,  from  Remsen  avenue  to  Avenue  T. 

Remsen  avenue  for  its  entire  length. 

East   Ninety-second  street  for  its  entire  length. 

Rockaway  parkway  for  its  entire  length. 

Avenue  T,  between  Ralph  avenue  and  Flatbush  avenue. 

Flatbush   avenue,  between    Malbone   street   and  Jamaica  Bay. 

Nostrand  avenue,  from  Malbone  street  to  the  boundary  line- 
between  Thirty-first  and  Thirty-second  Wards. 

Coney  Island  avenue,  within  the  limits  of  the  Twenty '-ninth 
Ward. 

Brooklyn  avenue,  from  Church  avenue  to  Avenue  C. 

East  Ninety-third  street,  from  Avenue  X  to  Jamaica  Bay. 

East  .Ninety-eighth  street  for  its  entire  length. 

Avenue  X',  from  Remsen  avenue  to  East  Ninety-third  street,  and 
from  Flatbush  avenue  to  Avenue  U. 

Avenue  U,  from  Avenue  X  to  Jamaica  Bay. 

Linden  avenue,  from  East  Ninety-second  street  to  Rockaway 
parkway. 

Avenue  A  within  the  limits  of  the  Thirty-second  W  ard. 

CHAPTER  2— PUBLIC  SAFETY  AND  ORDER. 
Article  1 — General  Provisions. 

Sec.  L5.    The   provisions   ot    this    ordinance    shall    apply    to  the 


ORDINANCES  OF  THH  CITY  OF  XKW  YORK 


Borough  of  Brooklyn,  and  every  pari  thereof,  except  in  cases  other- 
wise expressed,  and  the  penalty  for  violating  any  of  the  same  shall 
be  $H>  for  each  offense,  except  in  cases  where  a  different  penalty  is 
by  this  ordinance  imposed  for  any  violation  thereof,  and  every  person 
violating  any  of  such  provisions  shall  be  liable  for  such  penalty 
for  each  offense  respectively. 

Article  2 — Nuisances. 

Sec.  1G.  No  person  shall  swim  or  bathe  in  the  waters  of  or 
abounding  the  Borough  of  Brooklyn  by  day,  or  in  such  water  within 
200  feel  of  any  ferry  or  other  public  landing  or  bridge,  at  any  time 
without* being  clothed  so  as  to  prevent  any  indecent  exposure  of  the 
body. 

Sec.  IT.  No  person  shall  deal,  play,  or  engage  in  faro,  roulette 
or  other  device  or  game  of  chance,  hazard  or  address,  either  as  banker 
player,  dealer,  or  otherwise,  for  the  purpose  of  gambling. 

See.  IS.  Xo  person  shall  wash,  or  cause  to  be  washed,  any  cart, 
carriage  or  other  vehicle  in  any  street,  avenue  or  public  place. 

Sec.  19.  Xo  person  shall  raise  or  fly,  or  attempt  to  raise  or  fly, 
any  kite  in  any  street  or  avenue. 

Sec.  20.  No  bean  shooter  or  other  instrument  for  throwing 
bullet-,  stones  or  beans,  shall  be  sold  or  offered  for  sale  in  the 
Borough  of  Brooklyn,  nor  shall  any  bean  shooter  or  other  such 
instrument  be  used  in  said  City  by  any  person  for  throwing  bullets, 
stones  or  other  missiles  or  carried  in  said  Borough  by  any  person, 
with  the  intention  of  being  so  used,  under  a  penalty  of  not  to  exceed 
ten  (10)  dollars  for  each  and  every  offense. 

Sec,  21.  Xo  person  shall  throw  or  cast  any  stone  or  other  mis- 
sile, in.  from  or  to  any  street,  lane,  public  place  or  unenclosed  ground. 

Sec.  22.  No  person  shall  raise  or  assist  in  raising  a  false  alarm 
>f  fire,  or  shall  make  a  cry  of  fire  without  any  apparent  cause  there- 
for,  for  the  purpose  of  an  alarm:  or  shall,  unless  he  be  a  duly  ap- 
pointed bell  ringer,  ring  any  bell  for  the-  purpose  of  raising  an  alarm 
of  fire,  except  in  case  of  fire. 

Sec.  23.  Xo  person  shall  paste,  post,  pain  reprint  or  nail  upon 
or  "ther  public  place  of  the  Borough  of  Brooklyn  by  lounging  in 
or  about  the  same. 

Sec.  3  1.  Xo  person  shall  paste,  post,  paint,  print  or  nail  upon 
any  of  the  curb,  gutter  or  flag  stones,  trees,  lamp-posts,  awning  posts, 
horse  posts,  telegraph  poles,  barrels,  boxes  and  hydrants  in  any  of 
the  public  streets  or  avenues  of  this  Borough  any  handbill,  poster, 
notice,  sign  or  advertisement,  under  a  penalty  of  $10  for  each  and 
every  offense. 


ORDINANCES  OF  THE  CITY  OF  \'EW  YORK.  281 


Article  3 — Protection  from  Fire. 

Sec.  2.").  No  person  shall  take  or  use  in  any  barn  or  -table  within 
the  said  Borough  any  lighted  candle,  oil  or  fluid  lamp,  or  any  burning: 
light  of  any  kind  whatsoever,  unless  the  same 'be  inclosed  and  secured 
in  a  good  glass,  horn  or  other  lantern. 

Sec  26.  No  person  shall,  within  the  said  Borough,  deposit  ashes 
on  the  wooden  floor  of  any  building,  or  in  any  barrel,  or  box  or  other 
wooden  vessel  standing  on  any  such  floor,  or  place  any  such  barrel, 
box,  or  other  vessel  containing:  ashes,  upon  any  such  floor. 

Sec.  27.  Xo  person  shall  drive  any  vehicle  over  any  hose 
stretched  or  laid  at  any  fire  or  alarm  of  fire  in  the  Borough  of  Brook- 
lyn, under  a  penalty  of  $10  for  each  and  every  offense. 

Article  4 — Atlantic  Avenue  Railroad  Crossings. 

Sec.  28.  Xo  person  shall  attempt  to  cross  the  railroad  on  Atlantic 
avenue  at  an}-  street  crossing,  while  the  gates  for  the  protection  of 
such  crossings  are  closed,  or  being  closed,  under  a  penalty  of  five 
($5.00)  dollars  for  every  offense,  and  it  shall  be  the  duty  of  tL  e  police 
at  once  to  arrest  any  person  so  offending. 

Article  5 — Vault  Covers,  etc. 

Sec.  20.  Xo  person  shall  remove  or  insecurely  fix,  or  cause,  or 
procure,  or  suffer,  or  permit  to  be  removed  or  to  be  insecurely  fixed, 
so  that  the  same  can  be  moved  in  its  bed.  an}-  grate  or  covering  or 
aperture  of  any  vault  or  chute  under  any  street  or  avenue,  but  n< (th- 
ing herein  contained  shall  prevent  the  owner  or  occupant  of  the 
building  with  which  such  shall  be  connected,  from  removing  such 
grate  or  covering  for  the  proper  purpose  of  such  vault  or  chute,  pro- 
viding he  inclose  such  opening  or  aperture,  and  keep  the  same  in- 
closed while  such  grate  or  covering  shall  be  removed,  with  a  strong 
box  or  curb  at  least  12  inches  high,  firmly  and  securely  made,  and 
provided  that  openings  of  more  than  two  square  feet  of  superficial 
area  shall  be  inclosed  at  such  times  with  strong  railings  not  les-;  than 
3  feet  higlu  to  be  approved  by  the  Borough  President,  and  provided 
further  that  such  grates  or  coverings  shall  not  be  removed  until  after 
sunrise  of  any  day  and  shall  be  replaced  before  one-half  hour  after 
sunset. 

CHAPTER  3— PARTITIOX  FEXCES  AND  WALLS. 

Sec.  30.  All  partition  fences  in  the  Borough  of  Brooklyn  shall 
be  made  and  maintained  by  the  owners  of  land  on  each  side,  and 
each  party  shall  make  and  keep  in  repair  one-half  part  thereof  when 
it  can  be  conveniently  divided. 


282      ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  31.  In  case  of  any  disputes  between  the  parties  concerning 
the  division  of  any  such  fence,  or  as  to  what  part  or  portion  of  it 
>hall  be  made  or  repaired  by  each  party,  respectively,  and  in  all  cases 
-of  dispute  concerning  the  insufficiency  of  any  fence  in  the  Borough 
of  Brooklyn,  the  matter  shall  be  determined  by  an  Alderman  of  the 
Borough  residing  in  the  ward  in  which  such  partition  or  other  fence 
is  situated,  or  by  an  Alderman  residing  in  an  adjacent  ward,  in  case 
there  should  not  be  a  resident  Alderman .  within  the  boundaries  of 
the  ward  in  which  such  dispute  arises 

Sec.  32.  When  any  partition  fence  cannot  be  conveniently  di- 
vided, the  same  shall  be  made  and  kepi  in  repair  at  the  joint  and 
equal  expense  of  the  owners  of  the  land  on  each  side. 

Sec.  33.  When  the  regulation  of  a  lot.  in  conformity  with  the 
street  of  which  it  is  situated,  shall  require  the  ground  of  such  lot 
be  raised  and  kept  up  higher  than  the  ground  of  the  adjoining  lot  or 
lot.-,  and  a  partition  wall  for  supporting  the  same  shall  be  necessary, 
Such  partition  shall  be  made  and  maintained  by  the  owners,  respect- 
ively, of  the  land  on  each  side:  and  when  the  same  can.bg  equally 
divided  each  party  shall  make  and  keep  in  repair  one-half  part  thereof. 

Sec.  3-1.  If  any  dispute  shall  arise  concerning  the  division  of 
such  partition  wall  between  the  parties,  or  as  to  what  part  or  portion 
of  it  should  be  made  or  repaired  by  each  party  respectively,  or  con- 
cerning the  sufficiency  of  any  such  partition  wall,  the  same  shall  be 
determined  by  the  Alderman  as  aforesaid. 

Sec.  3.").  Where  any  partition  wall  cannot  conveniently  be  divided, 
the  same  shall  be  made  and  kept  in  repair  at  the  joint  and  equal  ex- 
pense of  the  owners  of  the  land  on  each  side. 

Sec.  36.  The  regulation  of  lots,  in  conformity  with  the  street, 
should  be  calculated  not  to  exceed  a  descent  of  2  inches  to  every  10 
feet.  ■ 

Sec.  37.  Where  any  <  wner  or  owners  shall  insist  on  maintaining 
In-,  her  or  their  ground"  higher  than  such  regulation,  the  surplus  par- 
tition wall  which  may  be  necessary  to  support  such  height  shall  be 
made  and  maintained  at  the  individual  expense  of  such  owner  or 
owners. 

Sec.  38.  Where  any  such  owner  or  owners  shall  insist  on  reg- 
ulating his,  her  or  their  ground  with  a  descent  less  than  2  inches  on 
every  10  feet,  the  surplus  partition  wall  necessary  to  support  the 
ground  in  the  adjoining  lot.  regulated  in  conformity  with  the  fore- 
going sections,  shall,  in  like  manner,  be  made  and  maintained  at  the 
individual  expense  of  such  owner  or  (  wners. 

Sec.  3,9.  If  any  person  whose  duty  it  may  be  to  make  or  repair 
any  partition  wall,  or  any  part  thereof,  in  pursuance  of  the  provision 
of  this  ordinan.ee,  shall  neglect  to  do  so  for  six  days  after  being  re- 
quested, in  writing,  by  the  owner  or  occupant  of  the  adjoining  ground.. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.    m  283 


it  shall  be  lawful  for  such  owner  or  occupant  to  make  or  repair  such 
partition  fence  or  wall,  or  cause  the  same  to  be  done,  and  to  recover 
from  such  person  the  expense  of  making  or  repairing  so  much  thereof 
as  ought  to  have  been  made  or  repaired  by  him  or  her,  together  with 
costs  of  suit,  in  any  court  having  cognizance  thereof. 

Sec.  40.  All  outside  and  boundary  fences,  and  all  fences  erected 
on  the  line  of  any  public  road,  street,  lane  or  avenues  in  the  Borough 
of  Brooklyn,  shall  be  at  least  .">  feet  high,  and  shall  be  built  of  good 
and  substantial  materials,  and  sufficiently  in  all  respects  to  keep  out 
and  prevent  the  encroachment  of  cattle,  sheep,  hogs  and  other  animal-, 
and  shall  be  kept  in  good  repair,  and  of  the  height  mentioned.  Nothing 
herein  contained  shall  apply  to  court  yards  or  iron  railings. 

Sec.  41.  The  owner  or  owners,  lessee  or  lessees,  tenant,  or  ten 
ants,  of  any  lot.  piece  of  ground  or  premises,  upon  which  any  fence 
not  of  the  height,  and  that  shall  not  be  erected  in  the  manner  or 
maintained  at  the  height  mentioned  in  the  preceding  section,  or  who 
having  erected  the  same,  shall  not  keep  the  same  in  good  repair,  shall 
not  recover  for  any  damage  he.  they  or  she  may  sustain  from  any 
cattle,  sheep,  hog  or  other  animal  doing  damage  upon  his,  their  oi- 
lier premises,  unless  such  animals  shall  have  been  unlawfully  at  large: 
nor  shall  any  cattle,  sheep,  hogs  or  other  animals  be  placed  in  pound 
for  doing  damage,  unless  such  fence  be  erected  and  kept  of  the  height 
and  in  the  manner  mentioned  in  the  eleventh  section,  unless  such 
animals  shall  have  been  unlawfully  at  large. 

Sec.  4:1.  In  case  of  any  dispute  between  the  parties  concerning 
any  fence  embraced  within  this  chapter,  or  the  sufficiency  thereof, 
tiie  matter  shall  be  determined  by  an  Alderman  of  the  Borough  re- 
siding in  the  ward  in  which  such  fence  is  situated,  or  by  an  Alderman 
residing  in  an  adjoining  ward,  in  case  there  should  not  be  a  resident 
Alderman  within  the  boundaries  in  which  such  dispute  arises. 

See.  4:!.  Any  owner  of  a  vacant  lot  or  lots  in  the  Borough  who 
shall  refuse  or  neglect  to  fence  the  same,  after  having  received  ten 
days'  notice  of  the  adoption  by  the  Board  of  Aldermen  of  an  ordi- 
nance directing  him  to  fence  the  same,  in  pursuance  of  an  order  of 
the  Department  of  Health,  declaring  the  same  necessary  to  abate  a 
nuisance,  shall  incur  a  penalty  of  live  ($5.00)  dollars,  and  of  five  ($5.00) 
dollars  for  every  ten  days  thereafter  that  such  lot  or  lots  continue 
unfenced. 

CHAPTER  4— STREET  MUSICIANS. 

Sec.  44.  Xo  person  shall  engage  in  the  business  of  a  street  musi- 
cian playing  for  hire  or  voluntary  contributions  from  door  to  door, 
or  otherwise,  without  having  first  obtained  a  license  therefor.  Licens<  - 
shall  be  granted  for  such  purpose  by  the  Mayor  upon  the  terms  and 
conditions   hereinafter  provided.     The  provisions  of  this  ordinance 


184  "  ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


shall  apply  only  to  itinerant  musicians  and  shall  not  be  construed 
so  as  to  affect  any  hand  of  music  or  organized  musical  or  religious 
societies  engaged  in  any  military  or  civic  parade,  or  to  any  musical 
performance  conducted  under  a  license  from  municipal  authority. 

Sec.  45.  Licenses  to  carry  on  the  occupation  of  street  musician 
shall  he  granted  by  the  Mayor  to  such  persons  who  apply  therefor, 
provided  that  the  person  or  nersons  applying  shall  have  been  residents 
of  the  Borough  of  Brooklyn  for  at  least  one  year  prior  to  such  appli- 
cation, and  shall  pay  for  such  license  the  sum  of  $10,  said  license  to 
be  renewed  from  year  to  year  upon  the  annual  payment  of  said  license 
fee.  The  term  of  residence  required  hy  this  ordinance  shall  be  proved 
by  affidavit  of  the  person  applying  for  such  license  and  of  two  other 
persons  residents  of  said  Borough,  which  affidavits  shall  state  the  dif- 
ferent places  of  residence  in  said  Borough  occupied  by  said  applicant 
during  the  year  preceding  such  application. 

Sec.  46.  No  person  shall  use  or  perforin  with  any  musical  in- 
strument, including  a  hand  organ,  in  any  of  the  streets  or  public  places 
of  the  Borough  of  Brooklyn  before  the  hour  of  9  a.  m.,  or  after  the 
In >ur  of  9  p.  m.  of  each  day.  nor  during  any  part  of  the  first  day  of 
the  week,  commonly  called  Sunday,  nor  within  a  distance  of  500  feet 
of  any  school  House  or  house  of  public  worship  during  school  hours 
-or  hours  of  public  worship,  respectively,  nor  within  like  distance  of 
any  hospital,  asylum  or  other  institution,  nor  within  a  distance  of 
250  feet  of  any  dwelling  house  or  other  building  where  directed  or 
requested  by  any  occupant  thereof  not  to  so  perform. 

Sec.  47.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall  be  liable  for  a  penalty  of  $10  for  each  and  every  offense. 

CHAPTER  5—  RAILROADS. 

Sec.  -48.  Rate  of  Speed — No  street  surface  railroad  car  operated 
by  electricity  in  any  of  the  streets,  avenues  or  public  places  of  the 
Borough  of  Brooklyn,  shall  be  run  at  a  rate  of  speed  to  exceed  six 
miles  an  hour  within  a  radius  of  one  and  a  half  miles  from  the  Bor- 
ough Hall  or  within  a  radius  of  two  miles  from  the  Broadway  ferries, 
nor  in  any  other  part  of  the  first  twenty-eight  wards  of  said  Borough 
at  a  rate  of  speed  to  exceed  eight  miles  an  hour. 

Sec.  49.  Stoppage  of  Cars. — Outside  of  the  limits  of  Fulton 
street,  Myrtle  avenue,  Broadway  and  Grand  street,  defined  in  the 
first  section  of  this  ordinance,  no  such  street  surface  railroad  car  shall 
.-top  inside  of  any  block  which  does  not  exceed  300  feet  in  length. 
Jn  case  of  blocks  exceeding  in  length  300  feet  there  shall  be  a 
-topping  place  located  in  the  middle  thereof  and  indicated  by  a  sign 
bearing  the  words  "Trolley  Station."  All  such  cars  must  be  brought 
to  a  full  stop  before  crossing  the  following  named  streets  and  avenues, 
viz.:    Bedford  avenue,  Eastern  parkway,  Hancock  street..  St.  Mark's 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  285 


avenue,  Schermerhorn  street,  State  street.  Dean  street,  Nevins  street, 
Lincoln  place,  Berkeley  place.  First  street.  Third  street,  Clinton  ave- 
nue. Bushwick  avenue,  Greene  avenue.  Lafayette  avenue,  Stuyvesant 
avenue.  Union  street.  Second  street,  Sixtieth  street,  Ninety-second 
street.  Sixth  avenue.  Eighteenth  avenue,  Throop  avenue,  Jefferson  ave- 
nue. Hey  ward  street.  Grand  street.  Leonard  street.  Fifth  street.  Eighth 
street,  Fourteenth  street.  Thirteenth  avenue,  Henry  street,  Berry 
street,  Metropolitan  avenue,  and  at  junction  of  Fulton,  Clinton  and 
Libert_v  streets.  Bridge  street,  Albany  avenue.  New  York  avenue, 
Grand  avenue,  Lewis  avenue  and  Thirteenth  street,  and  between  the 
hours  of  8  a.  m.  and  9  a.  m.,  12  m.  to  1  p.  m..  3  p.  m.  to  4  p.  m.,  they 
shall  be  brought  to  a  full  stop  before  crossing  any  street  on  which  a 
school  is  located  on  the  adjoining  block,  but  such  stoppages  shall 
not  be  for  the  purpose  of  receiving  or  discharging  passengers.  Pas- 
sengers shall  be  received  and  discharged  only  from  the  rear  platform 
and  at  the  far  crossing. 

Sec.  50.  No  persons  except  motormen,  conductors  or  police  offi- 
cers in  uniform  shall  be  allowed  on  the  front  platform  of  any  such 
cars  when  in  operation,  except  that  such  front  platforms  shall  be  used 
for  the  ingress  and  egress  of  passengers  at  stoppages.  The  rear  plat- 
forms of  cars  shall  also  be  used  for  the  ingress  and  egress  of  pas- 
sengers. 

Sec.  51.  Platform  Gate — The  rear  platform  gate  on  the  track 
side  of  every  such  car  shall  be  always  kept  closed. 

Sec.  52.  Accidents — That  any  individual  company  or  corporation 
running  cars  upon  the  streets  of  Brooklyn  shall,  on  or  before  12 
o'clock  noon  of  each  day  report  to  the  Commissioner  of  Police  in 
writing,  all  casualties  or  accidents  and  the  nature  thereof,  occurring 
upon  the  road  under  i t s  management,  whereby  any  person  has  suf- 
fered or  sustained  injur}-  during  the  day  or  twenty-four  hours  pre- 
ceding the  day  of  report. 

Sec.  5.c5.  Penalty — Any  corporation  whose  officers,  agents  or  ser- 
vants shall  wilfully  or  negligently  violate  any  of  the  provisions  of 
this  ordinance  shall  be  iablc  for  a  penalty  in  the  sum  of  $25  for  each 
and  every  offense. 

Sec.  54.  Each  and  every  railroad  company  or  companies  oper- 
ating cars  upon  any  of  the  streets,  avenues  or  public  places  in  the 
Borough  of  Brooklyn,  whose  motive  power  is  electricity,  shall  place 
or  cause  to  be  placed  upon  the  motor  of  said  car  or  cars  a  check  or 
governor,  whereby  it  will  be  impossible  to  exceed  a  speed  of  ten 
miles  an  hour  on  grade. 

Sec.  55.  Resolved,  That  there  be  placed  in  each  and  every  car 
operated  in  or  upon  any  of  the  streets,  avenues  or  public  places  in 
the  Borough  of  Brooklyn,  whose  motive  power  is  electricity,  an  indi- 
cator, in  full  view  of  any  passenger  or  passengers  that  may  be  upon 


ORDINANCES  OE  THE  CITY  OF  NEW  YORK. 


said  oar,  indicating  the  rate  of  speed  thai  said  car  <>r  oars  are  trav- 
eling. 

Sec.  .*)»!.  Resolved.  That  each  and  everj  railroad  company  oper- 
ating cars  by  electricity  on  any  of  the  streets,  avenues  or  public  place- 
in  the  Borough  of  Brooklyn,  shall  equip  each  and  every  car  so  oper- 
ated with  a  safety  fender  or  guard  attached  to  the  front  platform  of 
said  car  or  cars,  which  shall  extend  from  the  platform  of  said  car 
or  cars  to  within  not  more  than  !!  inches  from  the  tracks,  and  to 
be  made  and  modeled  in  such  a  manner  that  it  will  be  impo  -d>U- 
for  any  person  or  persons  to  pass  under  the  fender  or  the  platform 
of  said  car  or  car.s  and  come  in  contact  with  the  wheels  of  said  car. 
The  said  front  platform  of  said  car  to  be  constructed  as  the  platform 
occupied  by  the  motorman,  no  matter  in  what  direction  the  said  cai- 
rn ay  be  going. 

Sec.  57.     No  railroad  company  operating  cars  by  electricity  upon 
any  of  the  streets,  avenues  or  public  places  of  the  Borough  <>f  Brook- 
lyn, for  the  purpose  of  carrying  passengers,  shall  carry  more  passen 
gefs  than  fifty  per  cent,  more  than  its  seating  capacity. 

Sec.  58.  Penalty — Any  corporation  whose  officers,  agents  or  ser- 
vants shall  wilfully  or  negligently  violate  any  of  the  provision-  of 
this  ordinance  shall  be  liable  for  a  penalty  in  the  sum  of  $25  for  each 
and  every  offense. 

Surface  Railroads. 
Sec.  .V.>.  The  amount  to  be  paid  by  the  railroad  companies  in  the 
Borough  of  Brooklyn  to  The  Cit\  of  New  York  for  running  their 
cars  shall  be  calculated  by  the  average  number  of  cars  running  annu- 
ally on  each  route  respectively,  excluding  the  extra  cars  run  on 
holidays. 

Sec.  60.  It  shall  not  be  lawful  for  any  person  or  persons  to 
smoke  inside  or  upon  the  platforms  of  any  car  or  other  public  con- 
veyance in  the  Borough  of  Brooklyn. 

Sec.  61.  Conductors,  drivers  or  other  employees  are  prohibited 
from  eating  their  meals  in  or  upon  any  car.  or  other  public  conveyance 
while  making  a  trip. 

Sec.  62.  Xo  car  shall  be  used  by  any  of  the  railroad  companies 
upon  their  respective  routes  which  may  have  a  broken  wh.di  w  Of 
door,  or  insufficient  fastening,  or  be  otherwise  damaged,  any  longer 
than  during  the  day  such  break,  irtsufficienl  fastening  or  damage  may 
occur,  nor  shall  any  bell,  rope  or  indicator  rope  on  each  car  be  so 
arranged  as  to  hang  over  either  platform  thereof  from  the  roof  thereof. 
The  penalty  for  violating  the  provisions  of  this  section  shall  be  $10 
for  each  car  for  each  and  every  day  said  car  is  operated  in  violation 
thereof. 

Sec.  63.  All  railroad  cars  shall  be  distinctly  numbered,  both  in- 
side and  outside,  and  the  cars  of  different  routes  running  in  part  on 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  287 


the  same  track  shall  be  distinguished  by  a  difference  of  color,  and 
the  appropriate  lettering  to  indicate  the  streets  or  routes  upon  which 
the  same  run;  and  in  the  night  shall,  in  all  cases,  be  sufficiently  dis- 
tinguished by  the  form  or  color  of  their  signal  lights,  so  as  to  prevent 
the  cars  of  different  routes  being  mistaken  tor  each  other. 

Sec.  <n.  No  person  who  shall  be  indecent  or  scandalous  in  be- 
havior or  filthy  or  foul  in  person,  shall  be  carried  on  the  cars;  nor 
shall  an\-  conductor  allow  any  such  person  to  remain  in  the  cars. 

Sec.  65.  It  shall  be  the  duty  of  every  conductor  and  driver  to 
give  his  name  to  any  passenger  who  shall  request  the  same. 

Sec.  <J().  The  Brooklyn  City  Railroad  shall  he  subject  to  the  fol- 
lowing regulations:  (1)  There  shall  be  at  all  times  when  practicable, 
between  the  hours  of  6.30  a.  m.  and  P'.iJO  at  night,  from  the  15th  of 
November  to  the  1st  of  Mav,  and  the  hours  of  5.15  a.  m.  and  12.30 
p.  m.  in  the  other  months,  cars  running  on  the  respective  routes  of 
the  said  company  from  the  terries  to  their  respective  depots  as  the 
public  travel  shall  require;  and  beyond  the  respective  depots  of  said 
routes,  and  on  Hamilton  avenue,  the  said  company  shall  run  cars 
at  such  times  as  shall  be  required  by  the  Board  of  Aldermen. 

Sec.  <>7.  The  said  companies  shal  be  subject  to  a  penalty  of  $50 
for  any  violation  on  their  part  of  any  provision  of  -this,  article,  and 
it  shall  be  the  duty  of  the  police  to  enforce  the  provisions  of  this 
article. 

See.  68.  It  shall  be  the  duty  of  the  police  to  daily  report  all  vio- 
lations of  laws,  ordinances  and  regulations  appertaining  to  railroads, 
or  other  public  conveyances,  to  the  Corporation  Counsel. 

.Sec.  69.  It  shall  not  be  lawful  for  any  railroad  company  to  lay 
more  than  a  single  track  on  any  street  or  highway  therein  when  the 
roadway  of  such  street  or  highway  shall  not  exceed  thirty  (30)  feet 
in  width. 

Sec.  TO.  Xo  engine  (running  upon  the  railroad  track  laid  upon 
and  along  Atlantic  avenue)  eastward  bound  shall  depart  from  the 
station  of  the  Long  Island  Railroad  Company,  at  Flatbush  avenue, 
more  frequently  than  once  in  five  minutes,  and  that  no  engine  west- 
ward bound  and  running  .upon  said  track  shall  depart  from  Jamaica 
to  run  over  said  Atlantic  avenue  more  than  once  in  live  minutes. 
That  is,  there  shall  be  an  interval  of  five  minutes  between  the  de- 
parture of  all  engines,  eastward  or  westward  bound  from  FiatSush 
avenue,  or  from  the  point  where  the  Manhattan  Beach  Branch  joins 
the  main  line.  The  blowing  of  whistles  and  the  ringing  of  bells  shall 
not  be  permitted.  No  freight  or  passenger  car  detached  from  an 
engine  shall  remain  longer  than  ten  minutes  in  any  public  street. 
Bituminous  coal  shall  not  be  used  on  any  engine  running  upon  said 
railroad.  At  each  street  crossing  between  Linwood  street  and  Flat- 
bush  avenue,  men  shall  be  constantly  stationed  at  all  hours  of  the 


288      ORDINANCES  <>!•  THE  CITY  OF  NEW  YORK 


night  and  day  when  trains  arc  in  motion,  and  all  crosswalks  between 
such  street  crossings  shall  be  properly  guarded  by  gates,  which  shall 
also  be  closed  during  the  passage  of  each  train.  Strong,  heavy  gates 
at  least  20  feet  in  width  shall  be  placed  at  each  street  crossing  and 
closed  before  the  passage  of  any  engine  or  train.  Whenever  plat- 
forms are  placed  in  the  streets  for  accommodation  of  passengers,  the 
railroad  company  shall  at  its  own  expense  keep  the  entire  slreet  be 
tWeen  the  platform  and  the  curb  wherever  paved,  and  where  unpaved, 
in  a  cleanly  and  passable  condition.  This  shall  be  construed  to  apply 
to  each  station  and  each  platform  wherever  erected  within  the  said 
limits  along  said  avenue.  The  penalty  for  each  and  every  violation 
of  any  of  the  provisions  of  this  ordinance  shall  be  $100.  It  shall  be 
the  duty  of  the  police  to  make  daily  reports  of  any  violation  of  this 
ordiance,  and  on  the  complaint  to  the  President  of  the  3orough  of 
Brooklyn  by  any  three  citizens  of  any  violation  of  this  ordinance,  he 
may  proceed  against  the  Long  Island  Railroad  Company  in  due  man- 
ner for  the  enforcement  of  this  ordinance  and  the  collection  of  said 
penalties. 

CHAPTER  6— MISCELLANEOUS  ORDINANCES. 
1.    The  U^e  of  Court  Yards  on  Bush  wick  Avenue  Boulevard. 

Sec.  71.  No  person  or  persons  shall  erect  or  construct  upon  the 
20  feet  on  each  side  of  the  Bush  wick  Avenue  Boulevard,  by  law  set 
apart  to  be  used  as  court  yards  only,  any  piazza,  veranda,  covered  or 
inclosed  porch,  platform,  or  erection  other  than  stoops,  steps  or  plat-  . 
forms,  with  open  backs  and  sides,  or  railing  not  to  exceed  7  feet  in 
height,  or  to  extend  upon  said  court  yards  more  than  7  feet,  or  of  a 
greater  width  than  is  necessary  for  the  purpose  of  a  convenient  pas- 
sageway into  the  houses  or  buildings  to  which  the  s  vme  shall  be 
attached;  nor  shall  any  person  or  persons  dig.  build  or  construct  any 
area  into  said  court  yard, 

2.    Fence  Line  Privileges  on  Newkirk  Avenue. 

Sec.  72.  All  court  yard  fence  line  and  stoop  privileges  are^  hereby 
prohibited  and  withdrawn  on  Newkirk  avenue,  between  Flatbush 
avenue  and  Coney  Island  avenue,  and  that  it  will  be  unlawful  to  build, 
project  or  place  any  fence,  stoop,  piazza,  projection  or  encumbrance 
whatever  beyond  the  private  property  line  of  the  said  street  between 
Flatbush  avenue  and  Coney  Island  avenue. 

3.    Display  of  House  Numbers. 
Sec.  73.    The  owner  or  occupant  of  every  private  dwelling  Louse 
in  the  Borough  of  Brooklyn  shall-  cause  the  street  number  of  the 
same  to  be  plainly  and  legibly  displayed  in   such  manner  that  the 
same  may  be  seen  and  read  at  all  times  of  the  day  or  night. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Any  person  violating  the  provisions  of  this  ordinance  shall  be 
liable  to  pay  a  penalty  of  $10. 

4.    Canarsie  Cemetery. 

Sec.  74.  The  cemetery  situated  on  the  southerly  side  of  Church 
lane,  in  the  Thirty-second  ward  of  the  Borough  of  Brooklyn,  in  The 
City  of  New  York,  which  was  formerly  owned  by  the  Town  of 
Flatlands.  shall  hereafter  be  known  as  Canarsie  Cemetery,  Borough 
of  Brooklyn.  City  of  Xew  York.  The  Mayor  of  The  City  of  Xew 
York  is  hereby  authorized  to  appoint  a  commission  of  three  numbers, 
each  of  whom  at  the  time  of  his  appointment  shall  have  b'een  a  resident 
of  the  Thirty-second  ward  for  three  years,  to  have  full  charge  and 
control  of  said  cemetery.  Each  of  the  members  of  said  Commission 
shall  serve  without  compensation  during  the  pleasure  of  the  Mayor. 
The  Commission  shall  have  power  to  charge  fees  for  the  opening  of 
graves  sufficient  to  pay  for  the  maintenance  of  the  cemetery,  and 
also  to  make  and  enforce  such  rules  and  perform  such  other  acts  as 
said  Commission  decides  are  necessary  for  the  proper  care  of  said 
cemetery. 

5.    Watering  Horses. 

Sec.  75.  Xo  person  shall  suffer  or  permit  any  horse  or  other 
animal  to  drink  from  a  pail  or  vessel  while  the  same  is  attached  to 
the  spout  or  other  part  of  any  public  pump  or  hydrant  in  any  street 
or  public  grounds. 

G.    Dog  Snatching. 

Sec.  76.  Any  person  who  shall  remove,  or  cause  to  be  removed, 
the  collar  to  which  is  attached  the  license  tag,  or  either  of  them,  from 
the  neck  of  any  dog,  or  shall  entice  any  properly  licensed  dog  into 
any  enclosure  for  the  purpose  of  taking  off  its  collar  or  license  tag, 
or  either  of  them,  or  shall  for  such  purpose  decoy  or  entice  any  ani- 
mal out  of  the  enclosure  or  house  of  its  owner  or  possessor,  or  shall 
seize  or  molest  any  dog  while  held  or  led  by  any  person,  or  while 
properly  muzzled,  or  while  wearing  a  collar  with  a  proper  license  tag 
attached,  or  shall  bring  any  dog  into  the  Borough  of  Brooklyn  for 
the  purpose  of  taking  up  and  killing  or  selling  the  same,  shall  forfeit 
and  pay  a  sum  of  not  more  than  twenty  ($20)  dollars. 

7.    Speed  on  Bridges. 

Sec.  77.  Xo  person  or  persons  shall  drive  or  cause  to  be  driven 
over  or  upon  any  of  the  bridges  in  the  Borough  of  Brooklyn,  any 
animal  or  vehicle  at  any  other  pace  than  a  walk,  under  a  penalty  of 
$">.0()  for  each  offeirse. 


ORDINANCES  OF  THE  CITY  OF  \F\Y  YORK. 


8.  Bells  on  Junk  Carts. 

Sec.  78.  No  junkman  or  other^person  engaged  in  the  buying  or 
jelling  of  goods,  chattels  or  merchandise  of  any  kind  in  the  Borough 
of  Brooklyn,  shall  use  or  employ  on  any  street,  lane  or  avenue  of 
?aid  Borough,  cither  by  having  the  same  attached  to  his  vehicle  or 
horse,  or  in  any  other  manner,  any  hell  exceeding  six  ounces  in  weight, 
or  more  than  three  hells  at  any  one  time,  or  cause  or  allow  the  same 
to  be  done,  under  a  penalty  of  $10  for  each  and  every  offense,  to  be 
several^'  paid  by  the  person  doing  and  the  person  causing  the  same 
to  be  done. 

9.  Marking  Hay  Bales. 

Sec.  79.  Tt  shall  not  be  lawful  for  any  person  to  sell  or  offer  for 
sale  within  the  limits  of  the  Borough  of  Brooklyn  any  hay  or  straw 
In-  the  bale,  unless  the  exact  gross  or  net  weight  shall  be  legibly  and 
iistinctly  marked  on  every  such  bale  of  hay  or  straw,  under  a  penalty 
of  ten  dallars  ($10)  for  each  bale  of  hay  or  straw  sold  or  offered 
for  sale. 

10.    Injury  to  Bridges. 

Sec.  80.  Every  master  or  owner  of  any  steamboat,  ^teamtu-*  (.:nal 
Boat  or  sailing  vessel,  who  through  his  fault  or  negligence,  or  through 
the  fault  or  negligence  of  his  servant,  agent  or  employee,  injures,  or 
cause-  or  permits  to  be  injured,  any  bridge  belonging  to  the  Borough 
of  Brooklyn,  or  in  the  charge  or  under  the  management  of  the  said 
Borough,  or  of  any  officer,  officers  or  department  of  the  said  Borough, 
shall  be  liable  to  a  penalty  of  not  less  than  $10  nor  more  than  $250 
for  each  and  ever}'  such  offense. 

11.    Theatrical  Billboards. 

Sec.  81.  .  Billboards  or  signs  (not  exceeding  two  in  number),  to 
advert  -  theatrical  performances  or  public  entertainments,  may  be 
placed  upon1  the  sidewalk  in  front  of  theatres  and  places  of  public 
Entertainment  adjacent  to  the  curb,  but  each  of  said  billboards  or 
signs  shalJ  not  occupy  a  space  across  the  street  of  more  than  9  inches 
and  shall  not  be  more  than  3  feet  in  width  parallel  to  the  street  and 
shall  not  be  less  than  15  feet  apart. 

12.    Protection  of  Piers  at  Wallabout,  etc. 

Sec.  82.  No  person  or  persons  shall  use  or  employ  any  horse  or 
other  animal  on  any  public  dock,  bulkhead  or  pier  at  the  Wallabout 
or  at  die  foot  of  Washington  avenue,  for  the  purpose  of  loading  or 
Utloading  any  vessel  lying  at  said  docks,  bulkheads  or  piers,  with 
any  description  of  apparatus  necessitating  the  going  to  and  fro  in  a 
iirect  line  of  said  horse  or  animal,  unless  he  or  they  shall  place  upon 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 

the  same  a  temporary  flooring  of  planks  to  prevent  the  wearing  01 
rotting  of  the  deck  of  the  dock,  bulkhead  or  pier  so  used,  and  such 
temporary  flooring  shall  be  removed  immediately  after  the  loading  i 1 1 
unloading  of  said  vessel  by  the  person  or  persons  using  the  same, 
under  the  penalty  of  $25  for  each  and  every  violation  of  the  pro- 
visions of  this  section. 

PART  IV. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 
OF  NEW  YORK  FORMERLY  KNOWN  AS  LONG 
ISLAND  CITY. 

CHAPTER  1— PUBLIC  SAFETY  AND  ORDER. 
Article  1 — Hydrants. 

Section  1.  If  any  person,  except  one  of  the  engineers  or  foremen 
of  tiie  lire  companies,  or  by  special  permit  from  the  Department  of 
W  ater  Supply;  Gas  and  Electricity,  shall  unscrew  any  of  the  hydrants 
belonging  to  the  City  Water  Works,  erected  for  the  extinguishment 
of  fires;  or  interfere  with  the  same  or  any  part  of  the  works  belonging 
to  the  said  establishment,  or  any  or  either  of  the  pipes,  hydrants, 
stop-cocks,  or  any  part  of  the  works  may  be  injured,  or  water  taken 
therefrom  or  wasted,  they  shall  be  liable  to  a  penalty  of  $50  for  each 
and  every  such  offense. 

Article  2 — Washing  Horses  and  Carriages. 

Sec.  2.  Xo  person  shall  ,  wash,  or  cause,  or  procure,  or  permit 
to  be  washed,  any  horses  or  carriages  within  25  feet  of  any  pump 
in  an>-  street  in  that  section  of  the  City  formerly  known  as  Long 
Island  City,  under  the  penalty  of  $.10  for  ever}-  such  offense. 

Article  3 — Cellar  Doors,  Steps  and  Street  Obstructions. 

Sec.  3.  Xo  person  or  persons  shall  construct  or  continue  my 
cellar  door  which  shall  extend  more  than  one-twelfth  part  of  any 
>treet,  or  more  than  5  feet  into  any  street,  under  the  penalty  of  $54J 
for  each  offense. 

Sec.  -t.  Every  entrance  or  flight  of  steps  projecting  beyond  the 
house-line  of  the  street  and  descending  into  any  cellar  or  basement 
story  of  an}-  house  or  building,  where  such  entrance  or  flight  of  steps 
shall  not  be  covered,  shall  be  enclosed  with  a  railing  on  each  side* 
permanently  put  up,  from  :>  to  feet  high,  with  a  gate  to  open  in- 
wardly, or  with  two  iron  chains  across  the  front  entranceway,  one 
near  the  to])  and  one  in  the  centre  of  the  railing,  to  be  closed  during 
the  night,  unless  there  be  a  light  burning  over  the  steps  to  prevent 
accidents,  under  the  penalty  of  $25  for  every  offense,  to  be  recovered 
from  the  owner  or  lessee  thereof,  severally  and  respectively. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec  :>.  If  the  owner  of  any  such  building  shall  not  be  liable  for 
the  said  penalty  for  not  keeping  any  such  gate  closed  or  chains 
tastened  across  the  front  of  such  entrance  of  flight  of  steps,  when 
not  the  actual  occupant  thereof,  until  after  five  days'  notice,  in  writing, 
from  the  President  of  the  Borough,  anything  to  the  contrary  in  this 
chapter  contained  notwithstanding. 

Sec.  6.  Xo  person  or  persons  shall  hereafter  construct  any  porch 
over  a  cellar  door  under  the  penalty  of  $50. 

Sec.  7.  No  person  or  persons  shall  construct  or  continue  any 
platform,  stoop  or  step  in  any  street  in  that  section  of  the  City  for- 
merly known  as  Long  Island  City,  which  shall  extend  more  than  one- 
tenth  part  of  the  width  of  the  street,  nor  more  than  6  feet,  nor  with 
any  other  than  open  backs  or  sides,  or  railing;  nor  of  greater  width 
than  is  necessary  for  the  purpose  of  a  convenient  passageway  into 
the  house  or  building;  nor  any  stoop  which  shall  exceed  5  feet  in 
height,  under  the  penalty  of  $50. 

Sec.  8.  All  persons  who  wish  hereafter  to  erect  balustrades  pro- 
jecting beyond  the  street  line  shall  first  obtain  a  written  permission 
from  the  President  of  the  Borough. 

Sec,  9.  No  balustrades  shall  hereafter  be  erected,  excepting  from 
the  second  story  of  any  house,  nor  shall  it  project  more  than  one- 
twentieth  of  the  width  of  the  street  wherein  it  ma}'  be  erected,  nor 
more  than  3  feet  in  any  case  whatever. 

Sec.  10.  No  braces  or  railings  shall  be  used  for  balustrades  unless 
the  strength  and  firmness  shall  have  been  tested  or  approved  by  the 
President  of  the  Borough,  and  in  case  he  shall  object  to  the  same,  it 
shall  be  made  as  he  shall  direct,  or  removed,  under  penalty  of  $5.00 
for  each  day's  maintenance. 

Sec.  11.  No  person  shall  place  or  fix.  or  continue  in  any  street 
in  thi^  city,  any  awning-post,  or  any  cloth  or  canvas  for  an  awning, 
unless  under  the  direction  of  the  President  of  the  Borough  and  made 
conformably  to  the  next  section  of  this  chapter,  under  the  penalty  of 
$5.00  for  each  offense. 

Sec.  \2.  No  posts  fixed  in  any  street  for  the  purpose  of  sup- 
porting any  awning  shall  exceed  9  inches  in  diameter,  and  the  rail 
crossing  the  same  shall  not  exceed  7  inches  in  width  or  height  and  4 
inche  in  thickness;  the  said  posts  shall  be  placed  next  to  and  along 
the  inside  of  the  curbstone,  and  the  upper  side  of  the  rail,  which  is 
intended  to  support  the  awning,  shall  not  be  less  than  S  feet  nor  over 
10  feet  in  height  above  the  sidewalk,  and  the  cross-rail  shall  be 
Strongly  mortised  through  the  upright  posts. 

Sec.  13.  It  shall  be  the  duty  of  the  President  of  the  Borough  to 
order  and  direct  any  awning-post  which  is  erected  or  continued  in  any 
street  in  that  section  of  the  City  formerly  known  as  Long  Island 
City  contrary  to  the  provisions  of  this  ordinance  to  be  forthwith  re- 


ORDINANCES  OK  THE  CITY  OF  NEW  YORK.  293 


moved,  ana  any  person  who  shall  neglect  or  refuse  to  comply  with 
such  direction  and  order,  shall  forfeit  and  pay  for  every  such  offense 
the  sum  of  $5.00. 

Sec.  14.  The  owners  or  occupants  of  property  in  any  street  of 
this  City  exceeding  the  width  of  40  feet  and  from  which  the  wooden 
awning-posts  have  been  or  may  hereafter  be  directed  to  be  removed, 
shall  be.  and  they  are  hereby  permitted  to  erect  in  front  of  their 
respective  buildings  thereon  iron  posts,  and  none  others,  for  the  sup- 
port of  awnings,  with  an  iron  cross-rail,  which  shall  be  0  feet  and  no 
more,  from  the  curb-stone  to  the  top  of  said  rail;  said  post  shall  be 
placed  8  inches  within  the  outer  side  of  the  curbstone,  having  the 
approval  of  the  President  of  the  Borough. 

Sec.  15.  Such  iron  posts,  as  well  as  those  which  may  be  at  the 
time  of  the  passage  of  this  ordinance  erected  in  any  street  of  this 
City,  shall  be  well  and  securely  braced  from  the  building  with  wrought 
iron  rails  or  rods  at  least  1  inch  in  diameter,  in  the  proportion  of  1 
brace  for  every  post. 

See.  16.  The  owner  or  occupants  of  property  in  any  street  not* 
exceeding  the  width  of  40  feet  shall  be  and  they  are  hereby  permitted 
to  construct  from  their  respective  building  thereon  wrought  iron 
brackets  for  th'e  support  of  awnings,  which  said  brackets  shall  be 
firmly  secured  to  the  building  and  project  on  a  line  with  the  inner 
side  of  the  curbstone,  and  shall  be  8  feet  and  6  inches,  and  no  more, 
in  height  from  the  curbstone  to  the  top  of  the  outer  cross-rail. 

Sec  IT.  It  shall  be  the  duty  of  the  President  of  the  Borough  to 
order  and  direct  the  removal  forthwith  of  all  awning  iron  posts  and 
brackets  which  are  now  or  may  be  hereafter  erected,  constructed  and 
continuing  in  an}'  street  of  that  section  of  the  City  formerly  known  as 
Long  Island  City,  contrary  to  the  preceding  provisions  of  these  ordi- 
nances; and  an>-  person  who  shall  neglect  or  refuse  to  comply  with 
such  direction  or  order,  shall  forfeit  and  pay  for  every  such  offense 
the  sum  of  $5.00. 

Sec.  18.  The  preceding  sections  relating  to  awnings  and  awning 
posts  shall  apply  where  the  erection  of  iron  awning  posts  and  brackets 
are  permitted  by  these  ordinances. 

See  10.  Xo  portion  or  part  of  any  cloth  or  canvas  used  as  an 
awning  shall  hang  loosely  down  from  the  same  over  the  sidewalk  or 
footpath,  under  the  penalty  of  $5.00  for  each  day's  offense. 

Sec.  20.  The  President  of  the  Borough  is  hereby  authorized, 
whenever  he  shall  deem  it  proper,  to  order  any  step  stone  used  for 
entering  carriages,  any  railing  or  fence,  any  sign,  sign  post,  any  area, 
bay  window  or  any  other  window,  porch,  cellar  door,  platform,  stoop 
or  step,  or  any  other  thing,  which  may  encumber  or  obstruct  any 
street,  to  be  altered  or  removed  therefrom  within  such  time  as  shall 
be  limited  by  the  said  President  of  the  Borough. 


294      ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  21.  No  person  or  persons  in  that  section  of  the  City  former- 
ly known  as  Long  Island  City,  whether  agent,  owner  or  employee, 
shall  suffer  or  permit  any  cask,  bale,  bundle,  box  or  any  other  goods, 
wares  or  merchandise  or  any  boards,  planks,  joists  or  other  timber, 
or  anything  whatsoever  to  be  raised  from  any  street,  on  the  outside 
of  any  building,  into  any  loft,  store  or  room,  or  to  be  lowered  from 
the  same,  on  the  outside  of  any  building,  by  means  of  any  rope,  pulley, 
tackle,  or  windlass,  except  by  permission  of  the  President  of  the  Bor- 
ough, under  the  penalty  of  $25,  to  be  recovered  by  an  action,  from 
such  person,  agent,  owner  or  employer. 

Article  4 — Streets  and  Sidewalks. 

Sec.  22.  If  any  cartman  or  other  persons  shall  break  or  "thcr- 
wise  injure  any  footpath  or  sidewalk,  he  or  the}'  shall,  within  24  hour* 
thereafter,  cause  the  same  to  be  well  and  sufficiently  repaired  and 
mended,  under  the  penalty  of  $10. 

Sec.  23.  No  person,  without  permission  of  the  President  of  the 
Borough,  shall  take  up,  remove  or  carry  away  any  turf,  stone,  sand, 
clay  or  earth  from  any  street,  public  place  or  highway  in  that  section 
of  the  City  formerly  known  as  Long  Island  City,  under  the  penalty 
of  $25  for  each  offense. 

Sec.  24.  No  pavement  or  flagging  in  any  street  in  that  section  of 
the  City  formerly  known  as  Long  Island  City  which  has  been  ac- 
cepted by  The  City  of  New  York,  or  to  be  kept  in  repair  at  the  pub- 
lic expense,  shall  hereafter  be  taken  up.  or  the  flagging  or  paving 
stones  removed,  for  any  purpose  whatever  without  the  permission  of 
the  President  of  the  Borough  and  the  deposit  of  such  sum  as  he  may 
reasonably  require  to  secure  the  relaying  of  the  same,  under  the  pen- 
alty of  $100  for  ever}-  offense. 

Sec.  25.  Whenever  any  flagging  or  pavement  in  any  such  street, 
or  part  or  portion  thereof,  has  been  or  shall  be  taken  up,  or  the  pav- 
ing stones  in  any  such  street  or  part  of  a  street  have  been  or  shall 
be  removed  therefrom,  or  from  the  place  or  position  in  which  they 
have  been  put  in  said  pavement  in  violation  of  this  ordinance,  it  shall 
be  the  duty  of  the  President  of  the  Borough  forthwith  to  restore 
such  flagging  or  pavement,  as  nearly  as  may  be  practicable,  to  the 
condition  in  which  it  was  before  such  taking  or  removal  as  aforesaid, 
at  the  expense  of  the  party  removing  the  same,  to  be  recover  as 
other  penalties  are  recovered. 

Sec.  26.  Whenever  an  wood,  timber,  stone,  iron  or  any  other 
metal  has  been  or  shall  be  put  or  placed  in  or  upon  any  such  pave- 
ment, as  mentioned  in  the  preceding  section,  it  shall  be  the  duty  of 
the  President  of  the  Borough  forthwith  to  cause  such  wood,  timber, 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


295 


stone,  iron  or  metal  to  be  taken  up  and  removed  from  said  street  or 
pavement  so  that  they  shall  not  encumber  or  obstruct  said  street  and 
the  free  use  of  the  pavement  therein. 

Sec.  27.  Whenever,  hereafter,  any  person  or  association  or  body 
of  person-,  or  any  incorporated  company,  shall  attempt  to  take  up  any 
such  pavement  in  this  ordinance  mentioned,  or  removing  the  paving 
stones,  or  any  of  them,  therefrom,  without  authority  of  the  President 
of  the  Borough,  it  shall  be  his  duty  forthwith  to  prevent  the  same, 
and  generally  to  prevent  the  pavement  in  the  street  aforesaid  and 
every  part  thereof  being  taken  up,  removed,  incumbered  or  obstructed. 

CHAPTER  2— PARTITION  FENCES  AND  WALLS. 

Sec.  28.  All  partition  fences  in  that  section  of  the  City  formerly 
known  as  Long  Island  City  shall  be  made  and  maintained  by  the 
owners  of  the  land  on  each  side,  and  each  party  shall  make  and  keep 
in  repair  one-half  part  thereof,  when  it  can  be  conveniently  divided. 

Sec.  29.  In  case  of  any  dispute  between  the  parties  concerning 
the  division  of  any  such  fence,  or  as  to  what  part  or  portion  of  it 
shall  be  made  or  repaired  by  each  party,  respectively,  and  in  all  cases 
of  dispute  concerning  the  sufficiency  of  any  fence  in  that  portion  of 
the  City  formerly  known  as  Long  Island  City,  the  matter  shall  be  de- 
termined by  die  Aldetmen  for  the  time  being  of  the  district  in  which 
such  partition  :>r  01  her  fence  may  be  situated. 

Sec.  30.  When  any  partition  fence  cannot  be  conveniently  divided 
the  same  shall  be  made  and  kept  in  repair  at  the  joint  and  equal  ex- 
pense of  the  owners  of  the  land  cm  each  side. 

Sec.  31.  When  the  regulation  of  a  lot,  in  conformity  with  the 
street  on  which  it  is  situated,  shall  require  the  ground  of  such  lot  to 
be  raised  and  kept  up  higher  than  the  ground  of  the  adjoining  lot  or 
tots,  and  a  partition  wall  for  supporting  the  same  shall  be  necessary, 
such  partition  wall  shall  be  made  and  maintained  by  the  owners,  re- 
spectively, of  the  land  on  each  side;  and  when  the  same  can  be  equal- 
ly divided  each  party  shall  make  and  keep  in  repair  one-half  part 
thereof. 

Sec.  ,32.  If  any  dispute  shall  arise  concerning  the  division  of 
such  partition  wall  between  the  parties,  or  as  to  what  portion  or  por- 
tions of  it  should  be  made  or  repaired  by  each,  respectively,  or  con- 
cerning the  sufficiency  of  any  such  partition  wall,  the  same  shall  be 
determined  by  the  Alderman  as  aforesaid. 

Sec.  33.  Where  any  partition  wall  cannot  be  conveniently  divided, 
the  same  shall  be  made  and  kept  in  repair  at  the  joint  and  equal  ex- 
pense of  the  owners  of  the  land  on  each  side. 


29C      ORDINANCES  OF  THK  CITY  OF  NEW  YORK. 


Sec.  34.  The  regulation  of  lots,  in  conformity  with  the  street, 
shall  be  calculated  not  to  exceed  a  descent  of  2  inches  on  every  10 
feet. 

Sec.  35.  Where  any  owner  or  owners  shall  insist  on  maintaining 
his,  or  her,  or  their  ground  higher  than  such  a  regulation,  the  surplus 
partition  wall  which  majr  be  necessary  to  support  such  height  shall 
be  made  and  maintained  at  the  individual  expense  of  such  owner  or 
owners. 

Sec.  36.  Where  any  such  owner  or  owners  shall  insist  on  regulat- 
ing his,  her,  or  their  ground  with  a  descent  less  than  2  inches  on 
every  10  feet,  the  surplus  partition  wall  necessary  to  support  the 
ground  on  the  adjoining  lot,  regulated  in  conformity  with  this  ordi- 
nance, that  portion  of  the  City  formerly  known  as  Long  Island  City 
shall  in  like  manner  be  made  and  maintained  at  the  individual  ex- 
pense of  such  owner  or  owners. 

Sec.  37.  If  any  person,  whose  duty  it  may  be  to  make  or  repair 
any  partition  fence  or  partition  wall,  or  any  part  thereof,  in  pursuance 
of  the  provisions  of  this  law,  shall  neglect  so  to  do,  for  six  days  after 
being  requested,  in  writing,  by  the  owner  or  occupant  of  the  adjoining 
ground,  it  shall  be  lawful  for  such  owner  or  occupant  to  make  or  re- 
pair such  partition  fence  or  wall,  or  cause  the  same  to  be  done,  and 
recover  from  such  person  the  expense  of  making  or  repairing  so  much 
thereof  as  ought  to  have  been  made  or  repaired  by  him  or  her,  to- 
gether with  cost  of  suit  in  any  court  having  cognizance  thereof. 

Sec.  38.  All  outside  and  boundary  fences  and  all  fences  erected 
on  the  line  of  any  public  road,  street,  lane,  or  avenue  in  that  section 
of  the  City  formerly  known  as  Long  Island  City  shall  be  at  least 
4  feet  high,  and  shall  be  built  of  good  and  substantial  materials,  and 
sufficient  in  all  respects  to  keep  out  and  prevent  the  encroachment  of 
cattle,  sheep,  hogs  and  other  animals;  and  shall  be  kept  in  good. re- 
pair and  of  the  height  above  mentioned. 

Sec.  39.  In  case  of  any  dispute  between  the  parties  concerning 
any  fence  embraced  within  this  ordinance,  or  the  sufficiency  thereof, 
the  matter  shall  be  determined  by  the  Alderman  for  the  time  being, 
of  the  district  in  which  such  fence  may  be  situated. 

Article  5 — Blasting  of  Rocks. 

Sec.  40.  In  all  cases  of  blasting  rocks,  or  stone-,  within  that 
section  of  the  City  formerly  known  as  Long  Island  City,  each  blast, 
before  firing  it,  shall  be  securely  covered  with  six  timbers  of  not  less 
than  4  inches  thick.  10  inches  wide,  and  10  feet  long  each,  to  be  placed 
over  and  around  each  charge,  and  to  be  held  in  place  by  at  least  300 
pounds  of  large  stones  piled  on  top  of  them. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  897 


Sec.  41.  Three  minutes'  notice  before  firing  the  blasts  shall  be 
given  by  displaying  a  red  flag  on  a  staff,  not  less  than  10  feet  high,, 
set  in  a  conspicuous  place  within  25  feet  of  the  point  where  the  charge 
is  placed,  and  also  by  calling  out  the  words,  "a  blast,"  several  times 
repeated,  and  loud  enough  to  be  distinctly  heard  at  a  distance  of  200 
feet  from  tlie  point  of  discharge. 

Sec.  42.  For  every  violation  of  either  of  the  preceding  sections  of 
this  ordinance  the  offending  party,  or  if  the  work  be  done  under  con- 
tract, the  contractor,  upon  complaint  and  conviction  thereof  before  a 
Magistrate,  shall  be  liable  to  a  fine  of  $50  and  stand  committed  until 
the  same  is  paid. 

Article  6 — Venders. 

Sec.  43.  No  owner  or  vender  or  retailer  of  charcoal,  fish,  fruit, 
vegetables,  brooms,  wooden  ware  or  kindling  wood  shall  affix  to,  or 
suffer  Or  permit  to  be  affixed  to,  the  cart,  wagon  or  any  other  kind 
of  vehicle  owned  by  or  employed  or  used  by  him  for  the  purpose  of 
transporting,  conveying  or  selling  thereout,  in  that  section  of  the  City 
formerly  known  as  Long  Island  City,  charcoal,  or  fish,  or  fruit,  or 
vegetables,  Or  brooms,  or  wooden  ware,  or  kindling  wood,  any  bell, 
iron,  steel,  or  other  metal  bar,  or  any  other  instrument,  nor  shall 
blow  upon  or  use,  or  suffer  or  permit  to  be  blown  upon,  any  horn  or 
other  instrument  for  the  purpose  of  giving  notice  of  the  approach  of 
any  cart,  wagon,  or  other  vehicle,  in  order  to  sell  thereout  charcoal, 
ri>h,  fruit,  vegetables,  brooms,  wooden  ware  or  kindling  wood,  under 
the  penalty  of  $5  for  each  offense,  to  be  sued  for  and  recovered  of 
the  owner,  employer,  driver,  or  persons  having  charge  of  such  cart, 
wagon,  or  other  vehicle,  or  of  the  owner  of  such  coal,  fish,  fruit,  vege- 
table-, brooms,  woodenware,  or  kindling  wood,  severally  and  respec- 
tively. 

Sec.  44.  No  goods,  wares,  merchandise  or  manufactures  of  any 
description  shall  be  placed  or  exposed  to  show  or  for  sale  upon  any 
balustrade  that  now  is  or  hereafter  may  be  erected  in  til  at  section  of 
the  City  formerly  known  as  Long  Island  City,  under  the  penalty  of 
$5  for  each  offense. 

Sec.  4a.  Xo  person  shall  hang  or  place  any  goods,  wares  or  mer- 
chandise or  any  other  thing,  at  any  greater  distance  than  4  feet  in 
front  of  his,  her  or  their  house  or  store  or  other  building  under  the 
penalty  of  $5  for  each  offense. 

Sec.  46.  Xo  person  shall  place,  hang  or  suspend  at  any  greater 
distance  than  4  feet  in  front  of  and  from  the  wall  of  any  house  or 
store  or  other  building,  any  sign,  show  bill  or  show  board,  under  the 
penalty  of  $5  for  each  offense. 


298      ORDINANCES  OF  THE  CITY  QF  XKW  YORK, 

Article  7 — Noises. 

Sec.  47.  No  person  shall  heat  any  drum  or  other  instrument,  or 
blow  any  horn  or  other  ftHsfrumeiit,  for  the  purpose  of  attracting  the 
attention  of  passengers  in  any  street  in  that  section  of  the  City  known 
as  Long  Island  City,  to  any  show  of  beasts  or  birds,  or  other  things 
in  said  City,  under  the  penalty  of  $10  for  each  offense. 

Article  8— Sale  of  Oysters,  Etc. 

Sec.  48.  No  person  shall  erect  any  booth  or  establish  or  fix  any 
stand  in-  any  of  the  streets  or  public  grounds  in  that  section  of  the 
City  formerly  known  as  Long  Island  City,  for  the  purpose  of  opening 
and  exposing  for  sale,  or  selling,  any  oysters  or  other  shell  provisions, 
of  any  nature  or  kind,  or  any  goods  of  any  description  whatever,  un- 
der the  penalty  of  $5  for  each  offense. 

Article  9 — Surface  Railroads. 

Sec.  49.  For  every  street  or  surface  car  operated  within  the 
limits  of  that  section  of  the  City  formerly  known  as  Long  Island  City, 
there  shall  be  paid  to  the  Comptroller  for  the  use  of  the  City,  a 
license  fee  of  $15,  and  the  said  Comptroller  shall,  upon  the  receipt  of 
said  sum,  issue  a  license  therefor,  which  license  shall  he  posted  in  a 
conspicuous  place  in  each  ear  operated  within  tile  limits  as  aforesaid. 

Sec.  50.  The  penalty  for  each  and  every  violation  of  any  of  the 
provisions  of  this  ordinance  shall  be  $25.  It  shall  be  the  duty  of  the 
police  to  make  daily  reports  of  any  violation  of  the  ordinance,  and 
the  same  shall  be  transmitted  to  the  Corporation  Counsel  for  the 
prosecution  of  the  offending  parties, 

Sec.  51.  All  street  railroads  operated  within  the  limits  of  that 
section  of  the  City  formerly  known  as  Long  Island  City,  by  electric 
power  shall  have  attached  at  the  end  of  each  car.  in  front  <>f  each 
wheel,  a  suitable  guard  to  prevent  persons  from  being  run  over  by 
such  car,  and  all  violations  of  this  ordinance  shall  be  subjeel  to  a 
penalty  of  $10  for  each  offense  to  be  sued  for,  as  other  penalties  in 
said  ordinance  provided. 

PART  V. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 
OF  NEW  YORK  FORMERLY  KNOWN  AS  THE  VILLAGE 
OF  FLUSHING. 

CHAPTER  1— STREETS  AND  HIGHWAYS.  < 
Article  1 — Altering  Grade  of  Streets. 

Section  1.  No  person,  without  having  been  first  previously  au- 
thorized by  a  permit  from  the  President  of  the  Borough,  -hall  fill  in 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  299 


or  raise,  or  cause  to  be  filled  in  or  raised,  any  road,  avenue,  street, 
highway  or  other  public  place  in  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Flushing,  or  in  any  part  of  any 
such  road,  avenue,  street,  highway  or  Other  public  place,  or  take  up.  re- 
move or  carry  away,  or  cause  or  procure  to  be  taken  up,  removed  or 
carried  away,  any  sod,  turf,  stone,  sand,  clay  or  earth  from  any  such 
road,  avenue,  street,  highway  or  other  public  place.  Any  person  or 
persons  violating  any  of  the  provisions  of  this  section  of  this  ordi- 
nance shall,  upon  conviction  thereof,  be  punished  by  a  hue  of  not 
less  than  $5  and  not  exceeding  Sio. 

Sec.  2.  No  avenue  or  street  the  width  whereof  is  less  than  60 
feet,  shall  hereafter  be  accepted  by  the  Board  of  Aldermen  as  a  pub- 
lic street  or  highway;  nor  shall  the  same  be  accepted  unless  the  car- 
riageway and  said  walks  shall  have  respectively  been  properly  graded 
and  regulated,  and  shall  severally  be  in  good  order  and  condition  for 
convenient  use.  with  sufficient  gutters  for  the  drainage  of  the  same 
ami  <>t"  the  waters  from  adjoining  lands. 

Article  2 — Paving  Streets. 

Sec.  3.  Fach  sidewalk  of  all  the  avenues  and  streets  laid  out 
and  opened  in  that  section  of  The  City  of  New  York  formerly  known 
as  the  Village  of  Flushing  shall  respectively  be  one-fourth  of  the 
width  of  the  avenue  or  streets  between  the  lines  thereof. 

Sec.  j.  All  sidewalks  in  that  section  of  The  City  of  New  York 
formerly  known  as  the  \  illage  of  Flushing  shall  be  paved  to  the 
extent  of  not  less  than  4  feet  of  the  width  thereof  respectively  with 
Stone  flagging  of  square  or  oblong  shape,  with  straight  edges  laid 
c|ose  together;  and  when  any  carriageway  leading  to  or  from  the 
adjoining  premises  shall  cross  any  such  sidewalk,  so  much  of  said 
sidewalk  shall  be  paved  with  Hat  square  or  oblong  stone  with 
straight  edges  laid  close  together,  and  of  sufficient  thickness  and 
strength  for  the  purpose  of  such  carriageway  or  what  is  commonly 
known  as  bridge  or  crosswalk  stone,  not  less  than  4  inches  in  thick- 
ness, which  may  be  laid  in  strips  not  more  than  6  inches  apart,  and 
the  intervals  between  the  strips  paved  with  round  cobble  or  paving 
Stone,  to  afford  foothold  for  the  horses  or  other  animals  crossing  such 
sidewalk.  1  he  residue  of  any  such  sidewalk  may  be  paved  in  like 
manner  as  aforesaid,  or  with  such  other  materials  as  shall  be  ap- 
proved by  the  President  of  the  Borough. 

Sec.  5.  Xo  drain  or  drains  to  lead  from  any  building  or  buildings 
aero--  aUy  sidewalks  in  any  street,  road  or  highway  in  that  section  of 
The  City  ><i  New  York  formerly  known  as  the  Village  of  Flushing 
shall  be  constructed  or  laid  down   without  permission  having  first 


300      ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


been  obtained  from  the  President  of  the  Borough  so  to  dp,  nor  shall 
any  plank  or  board  walk  be  constructed  or  laid  down  in  any  street, 
road  or  highway  of  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Flushing  w  ithout 'the  like  permission,  under 
a  penalty  of  $20  for  each  offense,  and  a  further  penalty  of  $10  for 
every  day  such  drain  or  drains,  of  plank  or  board  walk  shall  remain 
after  the  President  of  the  Borough  shall  have  notified  the  offending 
party  or  parties  to  remove  the  same. 

Sec.  6.  Whenever  the  President  of  the  Borough  shall  cause  any 
sidewalk  to  be  curbed,  guttered,  and  flagged,  all,  any  or  either  such 
flagging  shall  be  in  conformity  with  this  ordinance,  or  of  such  great- 
er width  as  those  who  are  to  pay  the  major  part  of  the  expense  of 
such  flagging  may  desire:  all  such  curbstone  shall  not  be  less  than  5 
inches  thick  and  20  inches  deep,  7  inches  of  which  width  shall  be  laid 
above  and  the  residue  thereof  below  the  surface  of  the  kennel:  the 
ends  shall  be  squared  so  as  to  form  close  and  even  joints,  and  the 
front  so  laid  as  to  present  a  fair  surface. 

Sec.  7.  No  sidewalk  in  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Flushing  laid  wholly  or  in  part 
with  flagging  shall  be  taken  up.  or  the  flagging  removed  therefrom, 
for  the  purpose  of  digging  out  any  lot  or  cellar,  or  for  any  other 
purpose,  except  previously  authorized  by  the  President  of  the  Bor- 
ough, under  the  penalty  for  each  offense  of  $10,  to  be  forfeited  and 
paid  by  each  and  every  person  offending  in  the  premises,  and  when 
so  taken  up,  or  when  any  other  sidewalk  shall  be  broken,  dug  up  or 
in  any  wise  injured  by,  or  by  the  direction  of,  any  person,  the  same 
shall  be  well  and  sufficiently  repaired  and  reinstated  by  such  person 
within  such  time  as  shall  be  specified  for  that  purpose  in  any  written 
or  printed  notice  from  the  President  of  the  Borough,  served  upon 
such  person  or  upon  the  occupant  .of  the  premises  adjoining  such 
sidewalk,  under  the  penalty  of  $10,  and  the  further  penalty  of  $2  for 
each  and  every  day  after  the  expiration  of  the  time  so  specified  in 
such  notice,  such  person  shall  omit  or  neglect  so  to  repair  and  rein- 
state the  same. 

Sec.  3.  The  owner  or  occupant,  or  person  having  charge,  of 
each  house  or  other  building,  lot  or  lots  of  ground,  piece  or  parcel  of 
land,  and  of  every  church,  meeting  house  or  place  of  public  or  re- 
ligious worship,  and  every  cemetery  or  burial  ground,  public  or  pri- 
vate, and  the  land  thereunto  respectively  belonging,  situated  within 
that  section  of  The  City  of  New  York  formerly  known  as  the  Village 
of  Flushing,  adjoining  to  any  public  avenue  or  street,  shall  at  all  times 
keep  the  sidewalk  in  front  of  and  adjoining  such  respective  premises, 
where  such  sidewalk  shall  have  been  made  unobstructed  and  in  good 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK,  301 


order  and  condition,  for  convenient  use  by  foot  passengers,  under  a 
penalty  of  $3  for  each  and  every  offense. 

Article  3 — Obstructions  in  Streets. 

Sec.  9.  No  person  or  persons  shall  erect  or  maintain  any  stoop, 
steps,  platform,  bay  window,  cellar  door,  area,  descent  into  a  cellar 
or  basement,  post,  or  erection  or  projection  of  any  kind,  or  other  ob- 
struction or  incumbrance,  in,  over  or  upon  any  street,  road,  avenue 
or  highway  in  that  section  of  The  City  of  New  Y'ork  formerly  known 
as  the  Village  of  Flushing,  under  a  penalty  of  $20  for  each  and  every 
offense,  and  a  further  penalty  of  $10  for  each  and  every  day  that  the 
same  be  maintained  after  the  expiration  of  ten  days'  notice,  in  writ- 
ing, to  be  given  by  the  President  of  the  Borough  to  the  person  or 
persons,  or  either  of  them,  erecting  or  maintaining  the  same. 

Sec.  10.  If  the  owner  or  owners,  occupant  or  occupants,  of  any 
premises  in  front  of  which  shall  be  erected  or  maintained  any  such 
stoop,,  steps,  platform,  bay  window,  cellar  door,  area,  descent  into  a 
cellar  or  basement,  or  erection  or  projection  of  any  kind,  shall  neg- 
lect or  refuse  to  remove  the  same,  or  such  part  thereof  as  shall  pro- 
ject or  encroach  in,  over  or  upon  any  such  street,  road,  avenue  or 
highway,  for  more  than  ten  days  after  notice  given  by  the  President 
of  the  Borough,  as  provided  in  this  ordinance,  the  same  or  such  parts 
thereof  shall  be  removed  by  the  President  of  the  Borough  at  the  exr 
pense  of  such  owner  or  owners,  occupant  or  occupants. 

Sec.  1  J.  It  shall  not  be  lawful  for  any  person  or  persons,  or  for 
any  corporation,  to  lay  any  main  in  any  road,  avenue,  street  or  public 
place  in  that  section  of  The  City  of  New  York  formerly  known  as 
the  Village  of  Flushing,  or  to  break  up  or  disturb  the  ground  lor  any 
such  purpose,  unless  previously  authorized  by  a  permit  of  the  Presi- 
dent of  the  Borough,  or  otherwise  than  in  conformity  with  the  condi- 
tions prescribed,  and  subject  to  any  restrictions  expressed  or  imposed 
in  any  such  permit,  under  the  penalty  of  $30  for  each  offense  and  the 
further  penalty  of  $10  for  each  and  every  day  any  person  or  persons, 
or  corporation,  shall  neglect  or  omit  to  comply  in  all  respects  with 
the  requirements  of  any  order  of  the  President  of  the  Borough,  for- 
bidding., the  prosecution  of  such  work,  requiring  the  removal  from 
such  road,  avenue,  street  or  public  place,  of  any  main  or  mains  or 
other  incumbrances  placed  or  caused  to  be  placed  thereon  by  any  per- 
son or  persons,  or  corporation,  the  filling  up  of  any  trench  dug  for  the 
purpose  of  laying  any  main,  and  the  restoring  of  the  ground  and  pave- 
ment, if  any,  of  such  road,  avenue,  street  or  public  place,  to  the  like 
order  and  condition  the  same  w  as  in  immediately  prior  to  the  time  ihe 
same  was  disturbed,  and  in  the  case  of  the  refusal  or  neglect  <>f  any 


ORDINANCES  OF  THE  C IT  Y  OF  NEW  YORK. 


person  or  persons,  or  corporation,  fully  to  comply  with  all  the  re- 
quirements of  any  such  last  mentioned  order  within  the  time  therein 
specified  after  the  service  of  a  copy  or  of  a  notice  thereof  upon  such 
person  or  persons,  or  corporation,  the  President  of  the  Borough  may 
at  any  time  thereafter,  cause  all  or  any  part  of  such  work  to  be  done 
at  the  expense  of  said  person  or  persons,  or  corporation,  who  shall 
Le  liable  to  The  City  of  New  York  for  all  expenses  which  it  may  in- 
cur in  that  behalf,  together  with  such  aforesaid  penalties  to  be  re- 
covered with  costs  of  suit. 

Sec.  1 2.  Jt  shall  be  obligatory  upon  any  person  or  person>,  or 
corporation,  when  laying  any  main  or  service  pipe,  or  establishing 
any  lamp-post,  in  any  road,  avenue,  street  or  public  place  in  that  sec- 
tion of  The  City  of  New  York,  formerly  known  as  the  Village  of 
Flushing  to  perform  all  such  work  carefully,  workmanlike,  and  sub- 
stantially, disturbing  the  ground,  and  the  pavement,  curb,  gutter  and 
flagging,  no  further  than  may  be  actually  necessary  for  the  careful 
performance  of  any  such  work;  to  guard  as  far  as  practicable  against 
the  future  settling  of  the  ground,  pavement,  curb,  gutter  or  Magging 
above  any  such  main  or  service  pipe,  or  around  such  lamp-post,  or 
resulting  from  the  diging  of  the  trench  thereof  by  filling  in  around 
and  above  such  main  or  service  pipe,  and  around  such  lamp-post,  the 
earth  dug  from  any  such  trench,  compactly  and  firmly;  to  repair  all 
damage  which  may  be  caused  to  any  such  road,  avenue,  street  or  pub- 
lic place,  or  to  any  pavement,  curb,  gutter  or  flagging,  by  the  laying 
of  such  main  or  service  pipe,  or  the  establishing  of  such  lamp-post, 
aud  to  restore  the  same  respectively  to  as  good  order  and  condition 
as  the  same  were  in  immediately  prior  to  their  commencing  any  such 
work,  to  cause  all  such  work  to  be  performed  with  all  reasonable 
tie-patch  and  in  such  manner  as  not  unnecessarily  to  incommode  the 
neighborhood  or  the  public,  and  to  promptly  conform  to  all  such 
directions  as  the  President  of  the  Borough  may  from  time  to  time 
give  in  that  behalf;  under  the  penalty  of  $10  for  every  omission,  neg- 
lect, refusal,  or  delay,  and  in  case  of  any  such  omission,  neglect,  re- 
fusal or  delay,  it  shall  be  lawful  for  the  President  of  the  P>orough  to 
cause  any  such  work  to  be  done  at  the  expense  of  said  person  or  per- 
sons, or  corporation,  who  shall  be  liable  to  The  City  of  New  York 
for  all  expenses  which  it  may  therein  incur,  as  well  as  such  aforesaid 
penalties  in  this  ordinance. 

Sec.  13.  No  person  or  persons  shall  injure,  damage  or  disturb, 
or  cause  to  be  injured,  damaged  or  disturbed,  any  main  or  service  pipe 
now  laid  or  which  may  hereafter  be  laid  in  that  section  of  The  City 
of  .\'ew  York  formerly  known  as  the  Village  of  Flushing  for  the  pur- 
pose of  supplying  the  same  or  the  inhabitants  thereof,  or  any  part  or 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  30* 


portion  thereof,  with  gas.  Any  person  or  persons  violating  any  • -i 
the  provisions  of  this  section  of  this  ordinance  shall,  upon  convic- 
tion thereof,  be  punished  by  a  fine  of  not  less  than  $10  and  nor  v 
ceeding  $30. 

Article  4 — Public  Sewers. 

Sec.  14.  It  shall  not  be  lawful  for  any  person  to  make  any  con- 
nection with  or  any  opening  into  any  of  the  sewers  except  upon  the 
conditions  prescribed  in  this  ordinance. 

Sec.  15.  Application  must  be  made  to  the  President  of  the  Bor- 
ough for  permission  to  make  such  connections  or  openings,  and  his 
written  permit  shall  be  the  proof  that  such  permission  ha-  bcea 
granted. 

Sec.  16.  The  price  of  each  connection  shall  be  $10-,  and  it  shall  be 
understood  that  that  price  is  for  one  house  or  building  only. 

Sec.  17.  No  larger  opening  shall  be  made  in  the  sewers  than  a  ill 
admit  a  6-inch  pipe,  and  the  work  must  be  done  by  a  licensed  plumbet 
or  such  other  person  as  the  President  of  the  Borough  may  designate 
and  also  under  the  supervision  of  the  Superintendent  of  Sewers. 

Sec.  18.  Any  person  or  persons  violating  any  of  the  provh  •: 
of  this  ordinance  shall,  upon  conviction  thereof,  be  punished  by  a 
line  of  $10. 

CHAPTER  2— PUBLIC  SAFETY  AND  ORDER. 
Article  1 — False  Alarms  of  Fire. 

Sec.  19.  No  person  or  persons  shall  raise,  create  or  continue  a 
false  alarm  of  fire,  or  aid.  abet  or  assist  in  raising,  Creating  or  con- 
tinuing a  false  alarm  of  tire  within  the  limits  of  The  City  of  Nov 
York,  formerly  known  as  the  Village  of  Flushing. 

Sec.  20.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall,  upon  conviction  thereof,  be  punished  by  a  tine  oi  not 
more  than  $10  for  each  and  every  offense. 

Article  2 — Bathing. 

Sec.  21.    No  person  shall  bathe  or  swim  publicly,  in  a  state  ol 
nudity,  anywhere  within  the  limits  of  that  section  of  The  City  ol  New* 
York  formerly  known  as  the  Village  of  Flushing,  or  on  the  shores  63 
Flushing  Bay,  between  the  hours  of  5  a.  m.  and  8  p.  m. 

Sec.  22.  Any  person  violating  any  of  the  provisions  of  this  ordi- 
nance shall,  upon  conviction  thereof,  be  punished  by  a  line  of  $3. 

CHAPTER  3— VOLUNTEER  FIRE  DEPARTMENT 
Article  1 — Rules  and  Regulations. 

Sec.  23.  The  hire  Department  of  that  section  of  The  City  ot 
New  York,  formerly  known  as  the  Village  of  Flushing,  shall  consisl 


304        ORDINANCES  OF  THE  CITY  OK  NEW  YORK. 


oi  a  Chief  Engineer,  a  First  and  Second  Assistant  Engineers,  a  Treas- 
urer and  such  enginemen,  hose  men  and  hook  and  ladder  men  as 
may  from  time  to  time  be  prescribed  by  the  Board  of  Aldermen.  The 
Chief  Engineer,  First  and  Second  Assistant  Engineers  and  Treasurer 
shall  each  hold  office  lor  the  term  of  two  years,  and  shall  be  elected 
on  the  second  Wednesday  in  December  of  every  second  year,  as  here 
to  fore.  Each  of  said  officers  shall  be  voted  for  separately,  the  ballots 
being  deposited  in  separate  boxes.  One  or  more  of  the  members  of 
the  Board  of  Aldermen  shall  act  as  inspector  or  inspectors  of  each 
and  every  said  election. 

Sec.  24.  The  Board  of  Aldermen  may.  in  their  discretion,  ap- 
point two  Fire  Wardens,  to  hold  office  during  the  pleasure  of  the 
Board.  The  F'ire  Wardens  shall,  when  requested,  or  when  directed 
so  to  do  by  the  Board  of  Aldermen,  examine  and  inspect  dwelling 
houses  and  other  buildings  or  places  in  that  section  of  The  City  ot 
New  York  formerly  known  as  the  Village  of  Flushing;  shall  report 
the  result  of  such  examination  and  inspection  to  the  Board  of  Alder- 
men, and  shall  perform  the  other  duties  usually  appertaining  to  the 
office  of  I'irc  Warden. 

Sec.  25.  The  Firemen  shall  be  divided  into  engine,  hook  and  lad- 
der and  hose  companies,  and  each  company  shall  consist  of  as  many 
members  as  the  Board  of  Aldermen  shall  from  time  to  time  order 
and  direct.  It  shall  be  the  duty  of  the  Firemen  to  attend  to  the  en- 
gines, hose  carriages  and  trucks  committed  to  their  charge  and  the 
buildings  wherein  the  same  are  kept. 

Sec.  26.  Each  fire  company  shall  be  under  the  direction  and 
control  of  a  foreman  and  two  assistant  foremen.  The  foremen  shall 
be  responsible  for  the  proper  care  of  the  engine,  hose  or  truck  house, 
hose  or  truck  and  other  fire  apparatus  or  property  belonging  to  The 
City  of  New  Y'ork  entrusted  to  the  company  under  their  command; 
they  shall  preserve  order  and  discipline  in  the  company  at  all  times; 
when  on  duty  at  fires  they  shall  obey  all  orders  of  the  Chief  Engineer 
or  Assistant  Engineers.  In  the  absence  of  the  Foreman,  the  First 
Assistant,  and  in  his  absence  the  Second  Assitant  Foreman  shall  act. 
Foremen  shall  report  annually  to  the  Chief  Engineer  a  full  account  of 
the  duty  performed  by  their  respective  companies,  together  with  a  full 
account  of  the  membership  of  the  same,  noting  all  losses  by  discharge, 
death,  expulsion  or  transfer;  also  a  detailed  statement  of  the  proper- 
ty entrusted  to  their  care,  noting  the  condition  of  the  same. 

Sec.  27.  Each  fire  company  shall  appoint  a  secretary,  who  shall 
keep  a  record  of  the  proceedings  of  the  company  at  its  business  meet- 
ing-; also  a  record  of  all  appointments  or  elections,  resignations  or  re- 
moval- of  Firemen  attached  to  such  company,  and  shall  perform  such 


ORDIN  \NCES  OP  THE  C I TY  OF  NEW  YORK. 


305 


other  duties  as  may  from  time  to  time  be  prescribed  by  the  ordinances 
of  that  section  of.  The  City  of  New  York,  formerly  known  as  the  Vil- 
lage of  Flushing,  the  rules  and  regulations  of  the  Fire  Department,  or 
tin-  by  laws  of  the  company  to  which  lie  is  attached. 

See.  28.  Every  member  of  the  Fire  Department  shall  receive  a 
Certificate  of  membership  duly  executed  and  signed  by  the  City  Clerk 
and  Chief  Engineer,  to  he  delivered  by  the  Chief  Engineer  to  the  per- 
son entitled  to  receive  the  same.  The  commencement  of  the  term  of 
service  of  each  member  shall  he  computed  from  the  date  of  such  cer- 
tificate. 

Sec.  29.  The  Chief  Engineer  shall  have  and  exercise  supreme 
command,  at  all  times,  over  the  officers,  members  and  property  of  the 
Department.  He  shall  make  a  yearly  report  to  the  Board  of  Alder- 
men on  all  fires  as  occurring  in  that  section  of  The  City  of  New  York, 
formerly  known  as  the  Village  of  Flushing,  with  the  cause  thereof, 
when  it  can  be  ascertained,  and  a  description  of  the  building  or  build- 
ings injured  or  destroyed,  the  names  of  the  owners  or  occupants,  the 
amount  of  los>  in  each  case,  and,  as  far  as  can  he  ascertained,  the 
amount  of  insurance.  The  report  shall  also  give  a  detailed  inven- 
tory of  all  the  property  in  charge  of  the  different  companies,  together 
with  a  statement  of  the  condition  of  such  property;  also  a  correct 
statement  of  the  number  of  officers  and  men  in  each  company  at  the 
end  of  the  year.  It  shall  also  be  his  duty  to  take  notice  of  all  vio- 
lations of  law>  or  ordinances  relating  to  the  Department,  and  to  re- 
port the  same  to  the  Board  of  Aldermen  at  the  next  meeting  there- 
after. 

Sec.  30.  The  Assistant  Engineers  shall  be  subject  to  order  of  the 
Chief,  and  it  shall  be  their  duty  to  cause  order  to  be  observed  by  the 
members  of  the  Department  in  going  to,  working  at,  or  returning 
from  fires,  and  all  other  times  when  the  companies  are  on  duty.  In 
the  absence  of  the  Chief,  the  First  Assistant,  and  in  his  absence  the 
Secord  Assistant  Engineer  shall  perform  the  duties  of*  Chief. 

Sec.  31.  Each  member  of  the  Department  shall  provide  himself, 
at  his  own  expense,  with  a  uniform  and  such  insignia  of  office  as  is 
prescribed  by  the  rules  and  regulations  of  the  Department.  Each 
member  -hall  also  be  furnished  by  the  Clerk  of  the  Board  of  Alder- 
men with  a  Department  badge,  and  shall  be  required  to  conspicuously 
-wear  the  same  at  all  times  when  on  duty.  On  receiving  such  badge 
lie  shall  deposit  with  the  Clerk  the  sum  of  75  cents,  which  sum  shall 
be  refunded  to  him  when  said  badge  is  returned. 

Sec.  32.  It  shall  be  the  duty  of  all  Firemen,  whenever  an  alarm 
of  tire  shall  be  given,  to  repair  to  their  respective  company  houses 
and  proceed  at  once  with  the  apparatus  to  the  scene  of  the  lire,  and 


306 


ORDINANCES  OF  THE  CITY  OF  MEW  YORK 


there  perform  such  duties  as  may  be  assigned  to  them  by  their  offi- 
cers. At  all  times  when  on  duty  they  shall  behave  in  an  orderly  man- 
ner, and  when  not  engaged  at  a  fire  shall  repair  to  their  respective  ap- 
paratus; and  there  .await  orders  from  their  officers. 

Sec.  33.  Every  person  not  a  Fireman  who  shall  be  present  at  a 
fire  shall  he  subject  and  obedient  to  the  orders  of  the  Chief  or  Assist- 
ant  Engineers  in  extinguishing  the  lire,  preserving  order,  and  the  re- 
moval and  protection  of  property. 

Sec.  34.  All  complaints  by  the  Chief,  or  an  Assistant  Engineer, 
or  by  any  other  person,  made  against  Firemen  for  misconduct,  shall 
be  referred  by  the  Board  of  Aldermen  to  the  Committee  on  Fire  <j(t 
-aid  Board,  to  ascertain  and  report  the  facts,  and  a  full  opportunity 
shall  be  given  by  the  Committee  to  the  party  complained  of  to  be 
heard  in  his  defense.  Any  member  complained  of  may  be  suspended 
until  the  final  action  of  the  Board  on  such  complaint. 

Sec.  35.  Xo  person  shall,  during  any  alarm  of  fire,  or  at  any 
other  time,  under  any  pretense  whatever,  take  or  remove  any  fire  ap- 
paratus out  of  its  house,  unless  the  Foreman,  Assistant  Foreman,  or  a 
member  of  the  company  shall  be  present  and  consent  thereto,  under 
a  penalty  of  $5  each  for  every  such  offense. 

Sec.  36.  No  engine,  hose  carriage,  or  hook  and  ladder  truck 
shall  be  taken  outside  the  limits  of  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Flushing,  except  by  the  con- 
sent of  the  Fire  Commissioner  of  The  City  of  New  York. 

Sec.  37.  The  right  and  privilege  of  any  member  of  the  Depart- 
ment to  entertain  and  express  freely  political  or  partisan  opinions  as 
he  may  see  lit.  and  his  right  to  take  part  in  and  vote  at  primary  and 
nominating  conventions  will  be  deemed  sacred  and  inviolate,  hut  the 
members  of  any  engine,  hose,  or  hook  and  ladder  company  belonging 
to  the  Department  shall  not  combine  or  act  together  in  their  capacity 
as  Firemen  to  compass  the  election  or  defeat  of  any  candidate  or 
candidates  for 'any  political  or  public  office  whatsoever,  nor  shall  any 
engine,  hose  or  riook  and  ladder  house  in  the  use  or  possession  of  any 
company  in  the  Department,  under  any  circumstances,  be  used  or  oc- 
cupied for  any  political  or  partisan  purposes  of  any  nature  whatso- 
ever. 

Sec.  38.  Xo  person  shall,  during  a  fire,  or  at  any  other  time, 
drive  a  wagon,  cart,  carriage  or  other  vehicle  over  any  hose  or  over 
any  other  lire  apparatus,  under  a  penalty  of  $5  for  each  offense. 

Sec.  3Q.  No  person  shall  wilfully  hinder  or  molest  or  attempt 
to  do  any  violence  to  any  officer  or  working  member  of  the  Fire  De- 
partment while  in  the  performance  of  his  duty  in  going  to.  working 
at,  or  returning  from  a  lire,  under  a  penalty  of  $5  for  each  offense. 


ORDINANCES  OF  TIIK  CITY  OF  NEW  YORK. 


Sec.  40.  Any  member  of  the  Department  who  shall  violate  any 
of  the  provisions  of  this  ordinance,  or  who  shall  violate  any  of  the 
rules  and  regulations  of  the  Department,  or  who  shall  be  guilty  of 
any  riotous  or  disorderly  conduct  while  on  duty  shall  forthwith  be 
expelled  from  the  Department. 


PART  VI. 


ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 
OF  NEW  YORK,  FORMERLY  KNOWN  AS  THE  VILLAGE 
OF  JAMAICA. 


CHAPTER  1— GENERAL  REGULATIONS. 

Article  1 — Filling  in  Streets. 

Section  1.  No  person,  unless  previously  authorized  by  the  Bor- 
ough President,  shall  fill  in  or  raise,  or  cause  to  be  filled  in  or  raised, 
any  road,  street  or  other  public  place  within  that  section  of  The  City 
of  New  York,  formerly  known  as  the  Village  of  Jamaica,  or  any  part 
of  such  road,  street  or  other  public  place,  to  take  up,  remove  or  car- 
ry away,  or  cause  to  be  carried  away,  any  turf,  sand,  stone,  clay, 
gravel  or  other  earth  under  the  penalty  of  $25  for  every  such  of- 
fense. 

Article  2 — Unlawful  Noises. 

Sec.  2.  It  shall  not  be  lawful  for  any  person  to  blow  any  horn 
or  brat  upon  any  tin  pans  or  kettles  or  make  any  improper  noise  tend- 
ing to  disturb  the  peace  and  quiet  of  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Jamaica,  or  build  any  bonfire, 
or  burn  tar  barrels  in  any  of  the  highways,  streets,  lanes,  alleys  or 
public  grounds  of  the  village  under  a  penalty  not  exceeding  $10,.  or 
imprisonment  in  the  county  jail  not  exceeding  thirty  days,  or  both 
such  penalty  and  imprisonment,  in  the  discretion  of  the  court  having 
cognizance  thereof,  for  each  and  every  person  violating  this  ordi- 
nance. 

Article  3 — Ball  Playing  and  Throwing  of  Stones. 

Sec.  3.  'Ihe  throwing  of  stones,  snow  balls  or  other  missiles, 
and  the  playing  or  throwing  of  balls  within  any  street  of  that  section 
of  The  City  of  New  York  formerly  known  as  the  Village  of  Jamaica 
is  hereby  declared  unlawful. 


308        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  4.  An}-  hoy  or  other  person  wilfully  violating  any  provision 
of  the  above  section  shall  for  each  offense  be  punishable  by  a  fine  of 
not  less  than  $1  nor  more  than  $5  or  by  imprisonment  not  exceeding 
three  days. 

Article  4 — Hillside  Avenue  Speedway. 

Sec.  5.  The  thoroughfare  known  as  Hillside  avenue,  from  Ack- 
royd  avenue,  Jamaica,  easterly  to  Flushing  avenue,  Mollis,  in  the  Bor- 
ough of  Queens,  is  hereby  designated  as  a  Speedway,  and  the  driving 
of  horses  thereon  at  any  rate  of  speed  is  hereby  allowed  between 
thi'  hours  of  2  o'clock  p.  m.  and  6  o'clock  p.  m. 

CHAPTER  2— THE  VOLUNTEER  FIRE  DEPARTMENT. 
Article  1 — Rules  and  Regulations. 

Sec.  5.  The  Fire  Department  of  that  section  of  The  City  of 
New  York,  formerly  known  as  the  Village  of  Jamaica,  shall  consist 
<>f  a  Chief  Engineer,  Deputy  Chief  Engineer,  Clerk,  Treasurer  and 
three  Eire  Wardens,  and  firemen  as  arc  or  may  from  time  to 
time  be  elected  by  the  different  fire  companies  and  confirmed  by  the 
Hoard  of  Aldermen,  and  who  shall  respectively  be  distinguished  by 
the  several  appellations  aforesaid;  but  no  persons  shall  hereafter  be 
elected  or  confirmed  unless  he  be  a  citizen  of  the  United  States,  and 
of  the  age  of  eighteen  years,  and  any  person  between  the  age  of 
eighteen  and  twenty-one,  upon  furnishing  the  Board  of  Aldermen  with 
a  certificate  from  his  parents,  master  or  guardian,  giving  his  or  their 
consent  to  his  becoming  a  fireman,  may,  by  being  elected,  receive  a 
certificate  of  appointment. 

Sec.  6.  The  term  of  office  of  the  present  Chief  Engineer  and 
Deputy  Chief  Engineer  of  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Jamaica  shall  expire  on  the  first 
day  of  March  next;  and  the  Chief  Engineer,  Deputy  Chief  Engineer, 
Clerk  and  Treasurer  hereafter  to  be  elected  shall  hold  their  respective 
offices  for  the  term  of  one  year,  unless  sooner  removed  by  the  Board 
of  Aldermen  for  misconduct  or  neglect  of  duty. 

Sec.  7.  The  nomination  of  the  Chief  Engineer,  Deputy  Chief  En- 
gineer, Clerk,  Treasurer  and  Fire  Wardens  of  the  Fire  Department 
shall  be  made  by  the  firemen,  by  ballot,  on  the  first  Tuesday  in  Feb- 
ruary; in  each  year;  such  election  to  be  held  at  the  Village  Hall,  Ja- 
maica, between  the  hours  of  7  and  o  o'clock  p.  m.,  and  each  person 
receiving  the  highest  number  of  votes  for  any  such  office  shall  be 
thereupon  entitled  to  an  appointment  thereto  by  the  Hoard  of  Alder- 
men, unless  in  their  judgment,  for  any  cause,  he  ought  not  to  he  thus 
appointed;  and  in  case  of  such  rejection,  it  shall  be  the  duty  of  the 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Board  of  Aldermen  to  order  a  new  nomination;  and  at  such  new 
nomination  the  person  or  persons  thus  rejected  shall  be  ineligible*, 
and  all  votes  given  for  him  shall  be  void  and  not  counted. 

Sec.  8.  Such  new  nomination  shall  be  made  by  an  election,  which 
shall  be  held  at  such  time  and  place  as  the  Board  of  Aldermen  shall 
direct,  and  at  least  five  days'  notice  of  such  election  shall  be  given  by 
the  Clerk  of  the  Board  of  Aldermen  to  the  secretaries  of  the  differ*  Tit 
companies,  and  the  Local  Board  of  Jamaica,  Borough  of  Queens,, 
shall  act  as  inspectors  of  all  such  elections;  and 

Sec.  9.  It  shall  not  be  lawful  for  any  person  to  vote  a:  any 
election  for  officers  of  the  Fire  Department,  unless  he  is  an  activ< 
fireman,  has  not  been  expelled  from  his  company,  made  an  honorary 
member  or  offered  his  resignation,  whether  accepted  by  his  company 
or  not,  unless  such  registration  has  been  withdrawn  at  least  sixty 
days  prior  to  such  election,  nor  unless  he  has  been  a  member  of  the 
Department  for  sixty  days  previous  to  such  election,  and  is  subject 
to  all  fines  and  dues  imposed  by  the  company  to  which  he  belongs. 

Sec.  10.  The  Captain  of  each  company  shall  return  to  the  Board 
of  Aldermen  at  least  thirty  days  before  any  such  election  a  list  of  the 
members  of  his  company  entitled  to  vote  thereat,  under  the  foregoing; 
provisions,  which  shall  be  duly  verified  by  such  Captain,  and  also  bj 
the  secretary  of  his  company,  and  only  the  members  named  in  such- 
list  shall  be  allowed  to  vote  at  any  such  election. 

Sec.  11.  The  Chief  Engineer,  in  addition  to  the  duties  prescribed 
in  section  15,  title  7,  of  the  Charter  of  the  former  Village  of  Jamaica^, 
shall  also  report,  in  writing,  to  the  Deputy  Chief  of  Department  in 
Charge  for  the  Boroughs  of  Brooklyn  and  Queens,  all  accidents  by- 
fire,  with  the  causes  thereof  as  well  as  they  can  be  ascertained,  and 
the  number  and  description  of  the  buildings  destroyed  or  injured,  and 
whenever  any  of  the  fire  engines,  hose  carts,  trucks  and  hook  and 
ladders,  or  any  other  fire  apparatus,  shall  require  to  be  repaired,  it 
shall  be  his  duty  to  report  the  same  to  the  Deputy  Chief  of  Depart- 
ment in  Charge,  Boroughs  of  Brooklyn  and  Queens,  Fire  Depart- 
ment, and,  under  his  direction,  to  the  Superintendent  of  Repairs- 
thereof,  and  to  report  all  disobedience  of  orders  to  said  Deputy 
Chief  of  Department  in  Charge,  Boroughs  of  Brooklyn  and  Queens. 

Sec.  12.  It  shall  be  the  duty  of  the  Clerk  of  the  Fire  Department 
to  keep  in  a  book  to  be  provided  for  that  purpose  an  accurate  ac- 
count of  all  fires  which  may  hereafter  take  place,  with  the  causes 
thereof,  the  number  and  description  of  the  buildings  destroyed  or  in- 


310        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


jured,  the  estimated  loss  at  such  lire,  and  the  amount  of  insurance, 
as  far  as  the  same  can  he  ascertained. 

Sec.  13.  It  shall  he  the  duty  of  the  several  Fire  Wardens, 
-elected  by  the  firemen  of  that  section  of  The  City  of  New  York 
forrnerly  known  as  the  Village  of  Jamaica  to  report,  from  time  to 
time,  the  existence  of  any  unsafe  depositor}-  for  ashes  or  any  unsafe 
chimney,  fireplace,  smoke  pipe  or  smoke  house,  to  the  Chief  or 
Deputy  Chief,  who  shall  report  to  the  Fire  Marshall  for  the  Bor- 
oughs of  Brooklyn  and  Queens;    It  shall  also  he  their  duty  to  attend 

fire  occurring,  and  aid  and  assist  the  Chief  Engineer  in  the  pro- 
curement of  water,  and  the  general  superintendence  of  the  action  of 
the  several  lire,  hose  and  hook  and  ladder  companies,  hut  no  person 
shall  be  elected  Fire  Warden  unless  he  shall  have  served  live  years  as 
a  Fireman,  and  shall  have  received  his  certificate  of  discharge. 

Sec.  14.  The  Firemen  shall  be  divided  into  companies,  to  con- 
sist of  as  many  members  as  the  Board  of  Aldermen  have  directed,  or 
shall,  from  time  to  time,  direct,  to  attend  the  fire  engines,  hose 
wagons  and  hoOK  and  ladders  helonging,  or  that  may  hereafter  be- 
long to  the  Corporation  of  The  City  of  New  York,  or  to  such  hose 
wagons  and  hook  and  ladders  as  the  Board  of  Aldermen  shall  direct. 
It  shall  he  the  duty  of  the  said  Firemen,  as  often  as  any  fire  shall 
break  out  in  the  former  Village  of  Jamaica,  to  repair  immediately, 
upon  the  alarm  thereof,  to  their  respective  engines,  hose  carriages 
and  hook  and  ladders,  and  convey  them  to  or  near  the  place  where 
such  lire  shall  happen,  unless  otherwise  directed  by  the  Chief  Engi- 
n<  and  there,  in  conformity  with  the  directions  given  by  him,  to 
work  and  manage  the  said  engines,  apparatus  and  implements  with 
all  their  skill  and  power,  and  when  the  lire  is  extinguished  they  shall 
not  remove  therefrom  but  by  the  permission  of  the  Chief  Engineer, 
Deputy  Chief  Engineer,  or  one  of  the  Fife' Wardens,  and  on  such 
permission  they  .shall  return  their  respective  hose  wagons,  hooks  and 
ladders,  engines  and  apparatus,  well  washed  and  cleansed,  to  their 
several  places  of  deposit.  And  for  the  more  effectual  perfecting  of 
-the  Firemen  in  their  duty,  the  keeping  and  preserving  the  said 
lire  engines  and  other  implements  and  apparatus  from  decay,  the  said 
Firemen  shall  at  leas*t  once  in  each  of  the  mouths  of  May.  June,  July, 
August,  September,  October  and  November,  drive  out  their  said  en- 
gine- and  implements,  in  order  to  work  and  cleanse  them,  and  to  ex- 
ercise the  hor>e>. 

Sec.  15.  All  rules,  by-laws  or  regulations  which  shall  be  here- 
after passed  or  adopted  by  any  lire  engine,  hose  or  hook  and  ladder 
company,  before  the  same  shall  take  effect  or  be  in  force,  shall  he 
submitted  to  and   he  approved   by  the    Board  of  Aldermen,  and  all 


ORDINANCES  OF  THE  CITY  OF  NfEW  YORK.  311 


the  rules,  by-laws  or  regulations  heretofore  passed  or  adopted  by 
any  such  company  shall,  within  thirty  clays  after  the  passage  of  this- 
ordinance,  be  submitted  to  the  Board  of  Aldermen  for  their  approval. 

Sec.  1 6.  All  Firemen  attached  to  any  tire  engine,  hose  or  hook 
and  ladder  company  whose  machine  and  implements  have  been  taken 
away  for  want  of  a  sufficient  complement  of  men  to  manage  the  same,, 
shall  at  every  tire,  report  themselves  to  the  Chief  Engineer,  or  to  the 
Engineer  in  command,  and  be  subject  to  his  order  and  dictation,  aivj 
perform  their  duty  as  Firemen,  and  for  ever}'  default  there"!  each 
Fireman  shall  forfeit  and  pay  the  sum  of  $3,  to  be  sued  for  and  re- 
covered as  other  lines  and  penalties,  to  and  for  the  use  of  The  City  of 
New  York. 

Sec.  17.  If  any  Fireman  shall  be  expelled  by  a  vote  of  the  com- 
pany to  which  he  may  belong,  and  the  fact  being  reported  to  t he- 
Board  of  Aldermen  by  the  Chief  Engineer,  accompanied  by 
monstrance  by  the  person  so  expelled,  in  every  such  case  the  sub- 
ject shall  be  referred  to  the  Committee  on  Fire  of  the  Board  of 
Aldermen,  who  shall  hear  the  parties,  and  report  to  the  Board  for 
their  action  thereon. 

Sec.  18.  In  order  that  the  Engineers  and  Fire  Wardens  may  be 
more  readily  distinguished  at  fires,  the  Chief  Engineer  and  Assistant 
Engineers  shall  wear  a  leather  cap,  painted  white,  with  a  gilded 
front  thereto,  and  a  tire  engine  blazoned  thereon,  with  the  words 
"Chief  Engineer"  or  "Assistant  Engineer,"  as  the  case  may  be, 
painted  thereon,  and  shall  also  carry  a  speaking  trumpet,  and  each 
of  the  Fire  Wardens  shall  wear  a  hat  painted  black,  with  the  word 
"Warden"  painted  thereon,  and  shall  also  carry  a  speaking  trumpet. 

Sec.  10.    The  Captain  of  the  respective  fire  Companies  and  the 
Firemen  shall,  when  on  duty,  wear  leather  caps,  and  the  said  caps 
shall  be  painted  and  distinguished  in  such  a  manner  as  the  differ 
companies  shall  determine;  the  cap  of  each  Captain  shall  have  on 
the  front  thereof  the  word  "Captain,"  with  the  number  of  the  engine 
to  which  he  belongs.    The  cap  of  each  Fireman  shall  have  the  nami 
and  number  of  the  engine  to  which  he  belongs  in  front  thereof,     fl  < 
Assistant  to  each  respective  company  shall  wear  a  cap  painted  in 
the  same  manner  as  that  of  the  Captain  of  the  company,  with  the 
word  "Lieutenant"  in  lieu  of  the  word  '"Captain."     And  it  shall  be 
the  duty  of  the  Captain  of  the  respective  companies  to  report  to  the 
Chief  Engineer  the  name  of  every  person  who  shall  neglect  or  refuse 
„to  comply  with  the  foregoing  requisitions,  which  said  person  shall 
thereupon  be  removed  from  his  office. 


312        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  20.  No  fire  engine,  nor  hook  and  ladder,  nor  hose  cart,  shall 
in  going  to,  or  returning  from  any  fire,  or  at  any  other  time,  drive 
Upon  any  sidewalk,  except  by  the  special  order  of  the  Chief  Engi- 
neer, or  some  officer  in  charge,  under  the  penalty  of  $5  for  each  of- 
fense, to  be  forfeited  and  paid  by  each  of  the  Firemen  of  the  company, 
and  by  each  and  ever}-  person  aiding  or  assisting  or  consenting  to 
the  violation  of  any  of  the  provisions  of  this  section,  to  be  sued  for 
iiid  recovered  in  the  name  of  The  City  of  New  York.  And  if  any 
offense  against  this  section  shall  he  committed  by  any  Fireman  he 
-shall,  moreover,  in  the  discretion  of  the  Board  of  Aldermen  be  re- 
moved from  his  station  and  office  as  such  Fireman. 

Sec.  2].  Xo  fire  engine,  or  hose  or  ladder  carriage  shall  be  let 
out  for  hire,  or  lent:  or  taken  beyond  the  limits  of  that  section  of  The 
City  of  \'e\v  York,  formerly  known  as  the  Village  of  Jamaica,  except 
"by  permission  of  the  Fire  Commissioner,  except  in  case  of  a  tire  in 
the  neighborhood  of  the  former  Village  of  Jamaica,  when  the  Chief 
Engineer  may  permit  them  to  be  used  on  the  occasion. 

Sec.  22.  Tt  shall  not  be  lawful  for  any  person  or  persons  wilfully 
to  raise  or  create  a  false  alarm  of  fire,  by  proclaiming  lire,  or  by  any 
other  means  whatsoever,  under  a  penalty  of  $25  for  each  and  every 
offense. 

Sec.  23.  It  shall  not  be  lawful  for  any  member  of  the  Fire  De- 
partment to  use  or  aid  in  using  any  lire  engine  belonging  to  said 
Fire  Department  of  The  City  of  New  York  for  a  wager  of  money  or 

Tip  on  any  other  wager,  or  in  strife  between  engine  companies,  under 
;i  penalty  of  $25  for  every  such  offense.    And  each  and  every  person 

offending  against  the  provisions  of  this  ordinance  shall  be  expelled 
from  the  said  Fire  Department. 

Sec.  24.  No  owner  or  occupant  of  any  stable  within  that  section 
of  The  City  of  New  York  formerly  known  as  the  Village  of  Jamaica, 
or  any  person  in  the  employment  of  such  owner  or  occupant,  •-hall 
•Use  therein  any  lighted  candle  or  lamp,  except  the  same  shall  be  se- 
curely kept  within  a  lantern,  under  the  penalty  of  $10  for  every  such 
offense. 

Sec.  25.  Tt  shall  be  the  duty  of  the  Chief  Engineer  to  sue  in  the 
corporate  name  of  The  City  of  New  York  for  all  fines  and  penalties 
-imposed  and  incurred  under  this  ordinance,  and  when  recovered  the 
same  shall  be  paid  to  the  Comptroller  for  the  use  of  The  City  of 
New  York,  provided  that  in  case  the  said  Chief  Engineer  shall  incur 
any  penalty,  it  shall  be  sued  in  the  corporate  name  of  The  City  of* 
New   York  by  such  person  as  the    Board  of  Aldermen   may  direct. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK  31$ 


PART  VII. 


ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY^ 
OF  NEW  YORK  FORMERLY  KNOWN  AS  THE 
VILLAGE  OF  RICHMOND  HILL. 


CHAPTER  1 — STREETS  AND  HIGHWAYS. 
Article  1 — Obstructions. 

Section  1.  No  person  shall  place  or  cause  to  be  placed,  or  kept 
or  suffer  to  remain  in  any  street  or  other  public  place,  any  logs, 
lumber,  box,  cart,  stoves,  planks,  boards  or  other  articles  or  material 
whatever,  so  as  to  incommode  or  obstruct  the  free  use  or  passage 
thereof;  nor  shall  any  person  place  any  such  article  or  materials  on 
any  sidewalk  within  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Richmond  Hill,  or  allow  them  to  remain  there. 
Any  person  offending  against  the.  provisions  of  this  section,  or  either 
of  them,  shall  forfeit  a  penalty  of  $2,  and  the  further  penalty  of  $5.00 
for  every  twenty-four  hours  that  any  street  or  sidewalk  shall  be  so 
obstructed;  but  nothing  contained  in  this  section  shall  prohibit  per- 
sons from  placing  goods  and  merchandise  or  household  furniture  on 
the  sidewalks  for  the  purpose  of  loading  or  unloading  the  same,  pro- 
vided it  shall  be  done  during  daylight  and  without  any  unreasonable 
delay,  and  provided  a  passageway  for  traffic  at  least  4  feet  wide  be 
left  open.  Nor  shall  this  section  be  construed  to  prevent  the  tem- 
porary deposit  of  building  materials  upon  anyr  street  adjoining  prem- 
ises where  a  house  or  other  building  is  in  course  of  erection,  pro- 
vided the  builder  or  owner  of  such  building  or  premises  shall  first 
obtain  a  permit  to  obstruct  such  street  from  the  President  of  the 
Borough,  and  no  such  materials  shall  be  placed  upon  the  sidewalk 
or  obstruct  the  flow  of  surface  water  through  the  gutter,  nor  shall 
they  occupy  more  than  one-third  of  the  total  width  between  the  curb 
lines.  No  such  license  to  deposit  materials  within  the  street  lines 
shall  be  issued  unless  it  appears  that  there  is  not  sufficient  space 
upon  the  owner's  premises  for  such  storage. 

Article  2 — Encumbrances. 

Sec.  2.  No  person  shall  erect  or  maintain  a  fence,  structure,, 
ditch,  excavation  or  encumbrance  of  any  kind  within  the  limits  of 
a  public  street  or  place,  and  any  such  obstruction  shall  be  summarily 
removed  by  the  President  of  the  Borough,  and  the  expense  c>f  such 
removal  shall  be  borne  by  and  may  be  collected  from  the  owner  of* 
occupant  of  the  adjoining  premises  or  the  person  maintaining  such 
encroachment,  provided  notice  of  such  encroachment  shall  have  been 


31  + 


ORDINANCES  OF  THK  CITY  OF  XFW  YORK. 


jpyen  to  such  adjoining  owner,  From  and  after  throe  days  from  such 
notice  the  adjoining  owner  or  person  maintaining  or  responsible  for 
such  encroachment,  shall  forfeit  a  prenalty  of  $2.00  for  every  twenty- 
four  hours  during  which  said  encroachment  or  obstruction  remains 
within  or  across  the  lines  of  a  public  street  or  place.  Nothing  herein 
contained  shall  prevent  the  planting  of  shade  trees  along  the  outer 
-or  inner  edge  of  a  public  sidewalk,  nor  the  placing  of  hitching  posts 
or  stepping  stones  near  the  curb  line,  in  such  a  manner  as  not  to 
obstruct  the  walkway. 


PART  VIII. 


ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 
OF  NEW  YORK  FORMERLY  KNOWN  AS  THE 

VILLAGE  OF  FAR  ROCKAWAY. 
Article  1 — Nuisances. 

Section  1.  Any  person  or  persons  who  shall  make,  aid,  coun- 
tenance, encourage  or  assist  in  making  any  unusual  or  improper  noise, 
Tint  or  disturbance  in  the  streets  or  elsewhere  in  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Far  Rockaway, 
or  who  shall  collect  in  crowds  on  any  of  the  highways,  streets,  lanes, 
■corner  or  public  places  in  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Far  Rockaway,  for  unlawful  pur- 
poses or  to  the  annoyance  or  inconvenience  of  travelers,  or  persons 
residing  adjacent  thereto,  and  all  persons  who  shall  use  any  obscene, 
vulgar  or  profane  language  in  any  such  highway,  street,  lane  or  public 
place,  shall  be  liable  to  a  fine  of  not  less  than  $5.00  nor  more  than 
$20.00  for  each  offense. 

S^c.  2.  No  person  shall  run  or  race  any  horse,  or  start  the  same 
for  the  purpose  of  racing,  in  any  public  street  or  road  within  that 
section  of  The  City  of  New  York  formerly  known  as  the  Village  of 
Far  Rockaway,  under  a  penalty  of  $.).00  for  every  such  offense. 

Sec.  3.  No  person  shall  bathe  in  any  of  the  waters  within  the 
corporate  limits  of  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Far  Rockaway,  between  the  hours  of  6  a.  m. 
<ind  8  p.  m.,  unless  clothed  in  a  suitable  bathing  dress,  under  a  fine 
of  not  less  than  $2  nor  more  than  $.">  for  each  offense. 

Sec.  4.  No  person  shall  paste,  nail,  or  in  any  manner  place  or 
cause  to  be  placed,  any  advertisement,  placard,  poster  or  sign,  printed, 
written  or  painted,  on  any  building  or  other  property  belonging  to 
that  section  of  The  City  of  New  York  formerly  known  as  the  Village 


ORDINANCES  OF  THE  CITY  OF  \T.\V  YORK. 


of  Far  Rockaway,  or  on  any  fence  or  building  belonging  to  any  indi- 
vidual, company  or  corporation,  without  first  obtaining  the  consent  of 
the  owner  thereof,  under  a  penalty  of  $5  for  each  offense. 

Sec.  .">.  No  person  shall  be  in  a  state  of  intoxication  in  any  street, 
highway,  thoroughfare,  or  other  place  within  the  limit-  of  that  section 
of  The  City  of  Newr  York  formerly  known  as  the  Village  of  Far  Rock- 
away,  or  in  any  private  house  or  place,  to  the  annoyance  of  any  cit- 
izen or  person,  under  a  fine  of  not  less  than  $.">  nor  more  than  $10 
for  ever}-  such  offense. 

Sec.  <>.  Trades  wagons  shall  not  be  allowed  to  collect  on  the 
streets  or  public  places  of  that  section  of  The  City  of  New  York,, 
formerly  known  as  the  Village  of  Far  Rockaway.  to  the  obstruction 
of  travel  or  the  annoyance  of  persons  coming  and  going  on  the 
streets,  sidewalks  or  crosswalks,  or  an}'  property  owner  or  resident 
in  the  vicinity. 

The  fine  for  every  violation  of  this  ordinance  shall  not  be  less 
than  $2  nor  more  than  $5. 

Sec.  7.  No  person  shall  throw  any  stone,  stick  or  other  missile, 
or  play  ball  in  any  street  of  that  section  of  The  City  of  Xew  York 
formerly  known  as  the  Village  of  Far  Rockaway,  under  a  penalty  of 
$2  for  each  offense. 

Article  2 — Encumbrances. 

Sec.  8.  No  person  shall  place  or  cause  to  be  placed  any  stone, 
timber,  lumber  or  other  materials  for  building  in  or  upon  any  high- 
ways, streets,  avenues  and  public  squares  in  that  section  of  The  City 
of  New  York  formerly  known  as  the  Village  of  Far  Rockaway.  with- 
out a  written  permission  for  that  purpose  first  obtained  from  the 
President  of  the  Borough,  under  a  penalty  of  $10  for  each  and  every 
forty-eight  hours  during  which  the  articles  <>r  materials  aforesaid 
shall  be  or  remain  in  any  such  highway,  street,  avenue  or  public 
square  without  permission  as  aforesaid,  after  notice  from  the  Pres- 
ident of  the  Borough. 

Sec.  9.  No  train  of  cars,  or  any  part  of  any  train  of  cars,  includ- 
ing the  locomotive  and  tender  thereof,  shall  remain  or  be  left  across 
or  upon  any  of  the  streets  or  walks  of  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Far  Rockaway,  so  a-  to 
obstruct  or  prevent  free  travel  along  the  same  for  a  longer  period 
than  five  minutes  during  any  period  or  during  any  hour  unless  tin: 
same  can  be  made  to  appear  unavoidable.  Any  officer,  agent  or  em- 
ployee of  any  railroad  company,  or  any  person  having  charge  or  con- 
trol of  any  such  train  of  cars  or  locomotive  who  shall  violate  ->r 
suffer  or  allowr  any  violation  of  this  ordinance,  shall  pay  a  line  of  not 
less  than  $5  nor  more  than  $10  for  each  offense. 


T.!8 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


Sec.  10.  No  person  shall  wash,  or  cause  to  be  washed,  any  car- 
riage, wagon  or  other  vehicle  on  any  street,  lane,  sidewalk,  crosswalk, 
or  other  public  place  in  that  section  of  The  City  of  New  York  for- 
merly known  as  the  Village  of  Far  Rockaway,  under  a  fine  of  not 
less  than  $2  nor  more  than  $10  for  each  offense. 

Sec.  11.  No  person  shall  mix  or  temper  mortar,  or  cause  the 
same  to  be  done,  on  any  sidewalk  or  crosswalk  in  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Far  Rockaway, 
under  a  penalty  of  $10  for  each  offense. 

Sec.  12.  No  water  company,  gas  company,  person  or  association 
of  persons  shall  be  allowed  to  dig  up  any  street  or  public  place  in 
that  section  of  The  City  of  New  York  formerly  known  as  the  Village 
of  Far  Rockaway,  for  the  purpose  of  laying  or  repairing  pipes,  or 
for  any  other  purpose,  without  a  written  permit  from  the  President 
of  the  Borough,  under  a  penalty  of  $10  for  every  offense,  and  the 
further  sum  of  $10  for  every  twenty-four  hours  the  same  may  be  dug 
up  or  left  unfinished  in  addition  to  the  actual  damage  which  the 
corporation  may  sustain.  For  every  such  permit  issued  as  aforesaid 
there  shall  be  paid  the  sum  of  $2  for  permission  to  dig  up  a  macadam 
road,  and  in  every  case  where  such  permit  is  granted  as  aforesaid  the 
person  or  persons  to  whom  it  is  granted  shall  properly  restore  the 
earth  or-  pavement  taken  up  for  excavating  and  leave  the  surface  in 
the  same  condition  substantially  as"  before  excavation  was  com- 
menced. This  work  shall  be  done  under  the  supervision  of  the 
President  of  the  Borough. 

Sec.  13.  Any  person  who  shall  have  obtained  a  permit  to  place 
any  building  material,  or  any  material  to  be  used  in  the  construction 
of  any  building,  or  to  place  any  pile  of  earth  or  sand  dug  from  any 
•cellar  or  other  excavation  upon  the  street,  or  who  shall,  after  having 
obtained  a  permit  therefor,  dig  into  the  sidewalk  or  street,  shall 
cause  the  obstruction  caused  thereby  to  be  protected  by  a  sufficient 
barrier,  and  sufficient  light  or  lights  at  or  near  the  obstruction  for 
the  protection  of  travelers  and  passengers  from  danger  or  injury  by 
reason  thereof,  and  for  a  violation  of  the  provisions  of  this  ordinance 
the  penalt\-  shall  be  a  fine  of  ten  dollars. 

Sec.  14.  No  person  shall  place  or  cause  to  be  placed,  or  keep, 
or  suffer  to  be  kept,  any  box,  barrel,  cask  or  other  articles  on  any 
street  or  sidewalk  in  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Far  Rockaway,  under  a  penalty  of  $5  for 
each  offense,  and  the  further  penalty  of  $5  for  every  twenty-four 
hours  that  the  same  shall  so  remain  after  notice  from  the  President 
of  the  Borough. 

Article  3 — False  Alarm  of  Fire. 

Sec.  15.  If  any  person  shall  wilfully  or  designedly  alarm  the  cit- 
izens of  that  section  of  The  City  of  New  York  formerly  known  as 


I 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  317 

the  Village  of  Far  Rockaway  by  a  false  cry  of  fire,  or  any  other 
unusual  noise,  be  shall  be  liable  to  a  penalty  of  $10  for  each  offense. 

CHAPTER  2— VOLUNTEER  FIRE  DEPARTMENT. 

Article  1 — Rules  and  Regulations. 

<• 

Sec.  10.  The  secretaries  of  the  several  fire  companies  in  that 
section  of  The  City  of  New  York  formerly  known  as  the  Village  of 
Far  Rockaway  shall  within  ten  days  after  the  election  of  officers  by 
said  companies,  certify  to  the  City  Clerk  of  The  City  of  New  York, 
the  names  of  the  offices  filled  at  such  election  and  the  names  of  the 
persons  elected  to  such  offices. 

Sec.  17.  Within  ten  days  after  the  election  of  a  member  of  any 
of  the  fire  companies  of  that  section  of  The  City  of  New  York  for- 
merly known  as  the  Village  of  Far  Rockaway,  the  secretary  of  the 
company  in  which  said  member  was  elected  shall  certify  his  name 
and  the  fact  and  date  of  his  election  to  the  City  Clerk  of  The  City 
of  New  York.  All  resignations  of  firemen,  as  also  all  removals,  with 
a  statement  of  the  cause  of  removal  in  each  case  shall,  within  ten 
days  of  the  date  thereof,  be  certified  by  the  secretary  of  the  company 
in  which  the  same  shall  take  place,  to  the  City  Clerk  of  The  City  of 
New  York. 

Sec.  18.  Between  the  1st  day  of  October  and  the  1st  day  of 
November  of  each  year  the  secretaries  of  the  several  fire  companies 
of  that  section  of  The  City  of  New  York  formed}'  known  as  the 
Village  of  Far  Rockaway,  shall  furnish  to  the  City  Clerk  of  The  City 
of  New  York  a  correct  list  of  the  members  of  their  respective  com- 
panies in  good  standing,  and  they  shall  certify  in  such  lists  only 
those  firemen  who  have  complied  with  the  by-laws  of  their  respective 
companies  and  who  have  done  at  least  50  per  cent,  of  duty  at  fires 
during  the  twelve  months  preceding  the  date  of  such  certificate. 

Sec.  10.  If  any  fireman  shall  neglect  or  refuse  to  attend  inspec- 
tion or  parade  when  ordered  by  the  Chief,  or  if  any  fireman  shall 
be  absent  from  duty  at  fires  without  sufficient  cause,  or  shall  refuse 
or  neglect  to  do  his  duty  as  ordered  by  the  Chief  or  Foreman  or 
his  company,  he  shall  be  liable  to  a  penalty  of  $2  for  each  offense 
and  be  subject  to  be  removed  from  his  position  as  fireman. 

CHAPTER  3— FINES  AND  PENALTIES. 
Article  i — Violations  of  Ordinances. 

Sec.  20.  In  case  any  by-laws,  resolutions  or  ordinances  of  that 
section  of  The  City  of  New  York  formerly  known  as  the  Village  of 
Far  Rockaway,  be  violated  or  disobeyed,  and  there  shall  be  no  pro- 
visions incorporated  therein  for  a  penalty  for  such  violation  or  dis- 


318 


ORDINANCES  OF  THE  CITY  OF  XKW  YORK. 


obedience,  the  person  so  violating  <»r  disobeying  said  by-law,  resolu- 
tion <»r  ordinance  shall  forfeit  and  pay  not  less  than  $.">  nor  more  than 
$50,  in  the  discretion  of  the  magistrate  before  whom  s"Uch  perSOk 
shall  be  convicted  of  such  violation. 

Sec.  2TJL  All  lines,  penalties  or  violations  of  these  ordinances  may 
be  p^bsectvfed  for  and  collected  in  the  manner  prescribed  by  law, 
together  with  the  costs  of  proceeding. 


PART  IX. 


ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 
OF  NEW  YORK  FORMERLY  KNOWN  AS  THE 
VILLAGE  OF  ROCKAWAY  BEACH. 

CHAPTER  1— GENERAL  RhXULATlOXS. 

Section  1.  Any  person  or  persons  who  shall  make,  aid.  counte- 
nance, encourage  or  assi>t  in  making  any  unusual  or  improper  noise, 
riot  or  disturbance  in  the  streets  or  elsewhere,  or  who  shall  congre- 
gate on  any  of  the  highways,  streets,  lanes,  corners  or  public  places 
in  that  section  of  The  City  of  Xew  York  formerly  known  as  Rock- 
away  Beach",  to  the  annoyance  or  inconvenience  of  travelers,  or  of 
persons  residing  adjacent  thereto,  and  .all  persons  who  shall  use  any 
profane,  obscene  or  vulgar  language  in  any  such  highway,  street,  lane 
or  public  place,  shall  be  liable  to  a  line  of  not  less  than  $1  nor  more 
than  $20  tor  each  offense,  or  in  lieu  thereof,  not  more  than  10  days* 
imprisonment  in  the  county  jail  or  other  place  most  convenient  and 
lawfully  available. 

Sec.  2.  Xo  person  shall  run  or  race  any  horse,  or  start  the  same 
for  the  purpose  of  racing  in  any  public  street  or  road  within  the 
limits  of  that  section  of  The  City  of  Xew  York  formerly  known  as 
the  Village  of  Rockaway  Beach,  under  a  penalty  of  $5  for  every  such 
offense. 

Sec.  Xo  person  shall  place  or  cause  to  be  placed,  or  keep, 
or  suffer  to  be  kept,  any  box.  barrel,  cask  or  other  articles  on  any 
street  or  sidewalk  in  that  section  of  The  City  of  Xew  York  formerly 
known  as  the  Village  of  Rockaway  Beach,  under  a  penalty  of  $5  for 
every  24  hours  that  the  same  shall  so  remain  after  notice  from  the 
President  oi  the  Borough.  All  garbage  and  swill  shall,  pending 
removal,  be  kept  in  metal  cans  having  covers  of  metal. 

Sec.  4.  No  person  shall  wash  or  cause  to  be  washed  any  car- 
riage, wagon  or  other  vehicle  on  any  street,  lane,  sidewalk,  cross- 
walk or  other  public  place  in. that  section  of  The  City  of  Xew  York, 


ORDINANCES  OF  T11K  CITY  OF  NEW  YORK. 


319 


formerly  known  as  the  Village  of  Rockaway  Beach,  under  a  fine  of 
not  less  than  $2  nor  more  than  $10  for  each  offense. 

Sec.  No  person  shall  alter  or  disturb  the  grade  of  any  street 
br  public  place  without  a  permit  from  the  President  of  the  Borough, 
and  then  only  under  the  supervision  of  the  President  of  the  Borough, 
under  the  fine  of  not  less  than  $10  nor  more  than  $100.  Xo  person 
or  corporation  shall  dig  in  or  upon  any  such  street  or  public  place 
without  such  permit,  and  then  only  under  such  supervision  under  the 
like  fine.  As  the  condition  of  granting  such  permit,  the  President  of 
the  Borough  may  require  a  cash  deposit  of  such  sum  as  will  be 
sufficient,  in  his  judgment,  to  restore  such  street  or  place  to  its  former 
condition. 

Sec.  6.  Xo  water  company,  gas  company,  telephone,  telegraph  or 
electric  light  company,  or  person  or  association  of  perso'ns  shall  be 
allowed  to  dig  up  any  street  or  public  place  in  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Rockaway 
Beach,  for  the  purpose  of  laying  or  repairing  pipes,  or  for  any  other 
purpose,  without  a  written  permit  from  the  President  of  the  Bor- 
ough, under  a  penalty  of  $10  for  ever}-  offense,  and  the  further  sum 
of  $10  for  every  24  hours  the  same  may  be  dug  or  left  unfinished 
in  addition  to  the  actual  damage  which  the  former  Village  of  Rock- 
away Beach  may  sustain.  For  eyery  such  permit  issued  as  aforesaid, 
there  shall  be  paid  the  sum  of  $2  per  foot  for  permission  to  dig  up 
a  macadam  road,  and  in  every  case  where  such  permit  is  granted  as 
foresaid,  the  person  or  persons  to  whom  it  is  granted  shall  properly 
restore  the  earth  or  pavement  taken  up  for  excavating,  and  leave  the 
service  in  the  same  condition  Substantially  as  before  the  excavation 
was  commenced.  As  the  condition  of  granting  such  permit,  the  Pres- 
ident of  the  Borough  may  require  a  cash  deposit  of  such  sum  as  in 
his  judgment  will  be  sufficient  to  restore  such  street  or  place  to  its 
former  condition. 

Sec.  6 A.  Xo  train  of  cars,  or  any  part  of  any  train  of  cars, 
including  the  locomotive  and  tender  thereof,  shall  remain  or  be  left 
across  or  upon  any  of  the  streets  or  walks  of  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Rockaway  Beach, 
so  as  to  obstruct  or  prevent  free  tra%el  along  the  same,  for  a  longer 
period  than  five  minutes  during  any  period  or  during  any  hour,  unless 
the  same  can  be  made  to  appear  unavoidable.  Any  officer,  agent  or 
employee  of  any  railroad  company,  or  any  person  having  charge  or 
control  of  any  such  train  of  cars  or  locomotive  who  shall  violate  or 
suffer  or  allow  any  violation  of  this  ordinance  shall  pay  a  fine  of  not 
less  than  $o  nor  more  than  $10  for  each  offense. 

Sec.  7.  No  hay.  straw.  Chips,  shavings,  or  other  combustible 
substances  shall  be  set  on  fire  or  burned  in  any  street  at  any  time, 
or  in  any  lot  in  that  section  of  The  City  of  Xew  York  formerly 


320        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


known  as  the  Village  of  Roekaway  Beach  under  a  penalty  of  $10.  to- 
be  incurred  by  any  person  directing  or  causing  the  same  to  be  dune. 

Sec  S.  Trade  wagons  shall  not  be  allowed  to  collect  on  the 
streets  or  public  places  of  that  section  of  The  City  of  New  York 
formerly  kn<  wn  as  the  Village  of  Roekaway  Beach,  to  the  obstruc- 
tion of  travel  or  the  annoyance  of  persons  coming  anil  going  on  the 
streets,  sidewalks,  or  crosswalks,  or  of  any  property  owner  or  resident 
in  the  vicinity.  The  line  for  every  Violation  of  this  section  shall  not  be 
less  than  $2  nor  more  than  $5. 

See.  !).  No  person  shall,  without  written  permission  from  the 
President  of  the  Borough,  dig  or  remove,  carry  away,  or  cause  the 
same  to-be  done,  any  stone,  earth  sand  or  gravel  from  any  public 
street,  highway,  lane  or  public  place  in  that  section  of  The  City  of 
New  York  fromerly  known  as  the  Village  of  Roekaway  Beach. 
Every  person  violating  the  provisions  of  this  section  shall  be  liable 
to  a  fine  of  not  less  than  $.">  nor  more  than  $10  for  each  such  offense 

Sec.  10.  Xo  person  shall  place  or  cause  to  be  placed  any  stone, 
timber,  lumber  or  other  materials  for  building  in  or  upon  any  high- 
ways, streets,  avenues  and  public  squares  in  that  section  of  The 
City  of  Xew  York  formerly  known  as  the  Village  of  Roekaway 
Beach  without  written  permission  for  that  purpose  first  obtained  from 
the  President  of  the  Borough,  under  a  penalty  of  $10  for  each  and 
every  forty-eight  hours  during  which  the  articles  or  materials  afore- 
said shall  be  or  remain  in  any  such  highway,  street,  avenue  or  public 
square  without  permission  as  aforesaid. 

Sec.  11.  Any  person  who  shall  have  obtained  a  permit  to  place 
any  building  material,  or  any  material  to  be  used  in  the  construction 
of  any  building,  or  to  place  any  pile  of  earth  or  sand  dug  from  any 
cellar  or  other  excavation  upon  the  street,  or  who  shall,  after  having 
obtained  a  permit  therefor,  dig  into  the  sidewalk  or  street,  shall  cause 
the  obstruction  caused  thereby  to  be  protected  by  a  sufficient  barrier, 
and  sufficient  light  or  lights  at  or  near  the  obstruction  for  the  pro- 
tection of  travelers  and  passengers  from  damage  or  injury  by  reason 
thereof,  and  for  a  violation  of  the  provision  of  this  ordinance  the 
penalty  shall  be  a  fine  of  $10. 

See.  12.  Xo  person  shall  mix  or  temper  mortar,  or  cause  the 
same  to  be  done,  on  any  sidewalk  or  crosswalk  in  that  section  of 
The  City  of  Xew  York  formerly  known  as  the  Village  of  Roekaway 
Beach,  under  a  penalty  of  $10  for  each  offense. 

Sec.  13.  Xo  person  shall  paste,  nail,  or  in  any  manner  place  or 
c  ause  to  be  placed,  any  advertisement,  placard,  poster  or  sign,  printed, 
written  or  painted,  on  any  building  or  other  property  belonging  to 
that  section  of  The  City  of  Xew  York  formerly  known  as  the  Vil- 
lage of  Roekaway  Beach  or  on  any  fence  or  building  belonging  to  any 


ORDINANCES  OF  THE  CITY  OF  XEW  YORK.  21 


individual,  company  or  corporation,  without  first"  obtaining  the  con- 
sent of  the  owner  thereof,  under  a  penalty  of  $3  for  each  offense. 

Sec.  14.  It  shall  be  unlawful  for  any  person  to  play  a  hand  organ 
or  other  musical  instrument  in  any  of  the  streets  or  public  places  in 
that  section  of  The  City  of  Xew  York  formerly  known  as  Rockaway 
Beach,  without  having  first  obtained  a  license  therefor  from  the  Mayor 
and  paid  for  such  license,  for  the  use  of  The  City  of  Xew  York,  not 
le->  than  ten  dollars,  nor  more  than  fifty  dollars,  at  the  discretion  of 
the  Mayor  granting  the  license.  Every  such  license  shall  provide  that 
the  player  shall  at  the  request  of  any  householder,  move  away  to 
a  distance  of  500  feet  from  said  householder's  residence,  shall  re- 
strict playing  to  week  days,  between  9  a.  m.  and  7  p.  m..  shall  ex- 
pire on  the  1st  day  of  May  next  succeeding  the  date  of  issue,  and 
shall  not  be  transferred  without  the  consent  of  the  Mayor.  This 
ordinance  shall  not  apply  to  parades  of  military  or  political  organi- 
zations. Any  person  violating  this  ordinance  or  the  conditions  of 
the  license  granted  to  him  thereunder  shall  be  liable  to  a  fine  of 
not  less  than  live  dollars  nor  more  than  twenty  dollars  for  each 
offense. 

Sec.  15.  The  playing  of  a  piano  or  other  musical  instrument  in 
any  place  or  building  shall  not-be  permitted  after  midnight  without 
the  majority  consent  in  writing  by  householders  within  the  limit 
of  :>()()  feet  in  any  direction  from  such  place  or  building,  under  tine 
of  hot  less  than  five  dollars  nor  more  than  twenty-five  dollars. 

Sec.  i<).  If  any  person  shall  wilfully  or  designedly  alarm  the 
citizens  of  that  section  of  The  City  of  Xew  York  formerly  known 
as  the  village  of  Rockaway  Beach,  by  a  false  cry  of  tire  or  other 
unusual  noise,  he  shall  be  lined  not  less  than  two  dollars  nor  more 
than  five  dollars  for  each  offense. 

Sec.  17.  If  any  person  shall  throw  any  stone,  stick  or  other  mis- 
sile, or  play  bail  in  any  street  of  that  section  of  The  City  of  Xew 
York  formerly  known  as  the  Village  of  Rockaway  Beach,  under 
a  penalty  of  two  dollars  for  each  offense. 

Sec.  IS.  Xo  person  shall  be  in  a  state  of  intoxication  in  any 
street,  highway,  thoroughfare  or  other  public  place  within  that  sec- 
tion of  The  City  of  Xew  York  formerly  known  as  the  Village  of 
Rockaway  Beach  to  the  annoyance  of  any  citizen  or  person,  under 
a  line  of  not  less  than  $5  nor  more  than  $10  for  every  such  offense. 

It  shall  be  the  duty  of  each  and  every  Police  Officer  to  arrest 
any  person  drunk  or  intoxicated  as  aforesaid,  and  to  confine  such 
person  in  jail. 

Sec.  10.  Xo  person  shall  bathe  in  any  of  the  waters  within  that 
section  of  The  City  of  Xew  York  formerly  known  as  the  Village 
of  Rockaway  Beach,  unless  clothed  in  a  suitable  bathing  dress,  under 
a  line  of  not  less  than  $2  nor  more  than  $5  for  each  offense. 


J28       ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 

Sec.  20.  In  case  any  ordinance  of  that  section  of  The  City  of 
S'ew  Y<»rk  formerly  known  as  the  Village  of  Rockaway  Beach  be 
violated  or  disobeyed,  and  there  shall  be  no  provisions  incorporated 
therein  for  a  penalty  for  such  violations  or  disobedience,  the  per- 
sons so  violating  or  disobeying  said  ordinances  shall  forfeit  and  pay 
not  less  than  $."»  nor  more  than  $.">(>  in  the  discretion  of  the  Magis- 
trate before  whom  such  person  shall  be  convicted  of  such  violation. 

Sec.  21.  All  fines,  penalties,  or  forfeitures  for  violation  of  these 
ordinances  may  be  prosecuted  for  and  collected  in  the  manner  pre- 
scribed by  law,  together  with  the  costs  of  proceedings. 

Sec.  22.  It  shall  be  unlawful  for  any  corporation,  association  or 
individual  hereafter  to  continue,  construct,  erect,  maintain  or  string 
above  ground  in  any  street,  avenue  or  highway  in  that  section  of 
New  York  City-  formerly  known  as  the  Village  of  Rockaway  Beach 
any  telegraph,  telephone  or  conductors,  poles  or  wires.  Every  cor- 
poration, association  or  individual  owning,  operating,  managing  or 
controlling  telegraph  or  telephone  poles,  cables  or  conductors  in- 
cluding what  is  known  as  telegraph  poles  and  the  other  appurten- 
naces  thereto,  shall  remove  the  same  from  the  surface  of  all  streets, 
avenues,  highways,  public  grounds  or  public  places  in  that  section 
of  New  York  City  formerly  known  as  the  Village  of  Rockaway  Beach 
shall  be  forthwith-  removed. 

See.  2;;.  All  telegraph,  telephone  and  electric  light  poles,  wires 
or  conductors  which  at  the  time  of  the  passage  of  this  ordinance 
shall  have  been  standing  for  three  months  prior  thereto,  disused 
or  abandoned,  or  which  shall  hereafter  remain  or  stand  disused,  or 
become  disused  or  abandoned,  in.  over  or  upon  any  of  the  streets, 
avenues,  sidewalks,  public  grounds  or  public  places  of  that  section 
of  The  City  of  New  York  formerly  known  as  the  Village  of  Rocka 
Tyay  Beach,  shall  be  iorthwith  removed 

Sec.  24.  It  shall  be  the  duty  of  the  corporation,  association, 
person  or  persons  owning,  operating,  managing  or  controlling  any 
disused  or  abandoned  poles,  wires  or  conductors,  or  any  poles,  wires 
or  conductors  which  are  dangerous  or  unsafe,  forthwith  to  take 
down  and  remove  the  same;  and  a  failure  to  do  so  is  hereby  declared 
a  violation  of  this  ordinance,  and  shall  constitute  disorderly  conduct, 
and  the  corporation,  association,  person  or  persons  so  violating  the 
same  shall  be  disorderly  persons. 

Sec.  25.  This  provision  is  made  a  police  regulation  in  and  for 
that  section  of  The  City  of  New  York  formerly  known  as  the  Vil- 
lage of  Rockaway  Beach,  and  in  case  the  owner,  owners,  operators, 
or  persons  controlling  such  wires,  poles,  conductors  or  devices  shall 
mot  cau>e  them  to  be  removed  from  Mich  streets,  sidewalks  and  pub- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


23 


lie  places  as  in  this  ordinance  required  it  shall  Be  the  duty  of  the 
President  of  the  Borough  to  remove  or  cause  the  same  to  be  removed 
forth  with. 

Sec.  26.  It  shall  be  unlawful  hereafter  for  any  corporation,  asso- 
ciation, person  or  persons  to  lake  up  the  pavements,  streets  or  side- 
walks of  that  section  of  New  York  City  formerly  known  as  the 
Village  of  Rockaway  Beach,  or  to  excavate  in,  on  or  about  any  said 
streets,  sidewalks  or  public  places,  or  in  any  manner  to  interfere 
therewith  for  the  purpose  of  laying  underground  any  electrical  con- 
ductors unless  a  permit  in  writing  therefor  shall  have  been  iir>t 
obtained  from  the  President  of  the  Borough,  and  except  with  such 
permission,  no  electrical  conductors,  wires,  conduits  or  other  figures 
or  devices  therefor  shall  be  continued,  constructed,  erected  or  main- 
tained <>r  strung  under  ground  in  any  part  of  said  village. 

Sec.  27.  For  every  violation  of  this  ordinance  the  corporation, 
association,  or  individuals  violating  the  same  shall  be  liable  to  a 
penalty  ot  per  day  for  every  pole  allowed  to  remain  within  that 
section  of  Xew  York  City  formerly  known  as  the  Village  of  Rocka- 
way Beach,  by  the  President  of  the  Borough,  or  after  a  notice  to 
remove  the  same  shall  have  been  given  by  the  President  of  the 
Borough. 

Sec.  28.  In  addition  to  this  penalty  it  is  ordained  that  any  viola- 
tion of  this  ordinance  shall  constitute  disorderly  conduct,  and  that 
the  corporation,  association,  person  or  persons  violating  the  same 
shall  be  disorderly  persons. 

PART  X. 

ORDINANCES    RELATING    TO    THAT    SECTION    OF  THE 
CITY  OF  NEW  YORK  FORMERLY  KNOWN  AS  THE 
VILLAGE  OF  ARVERNE-BY-THE-SEA. 

CHAPTER  i— PUBLIC  SAFETY  AND  ORDER. 
Article  i — Nuisances. 

Section  i.  Any  person  or  persons  who  shall  make,  aid,  counten- 
ance, encourage  or  assist  in  making  any  unusual  or  improper  noise, 
riot  or  disturbance  in  the  streets  or  elsewhere  or  who  shall  congre- 
gate on  any  of  the  highways,  streets,  lanes,  corners  or  public  places 
in  that  section  of  The  City  of  Xew  York  formerly  known  as  the 
Village  of  Arverne-by-the-Sea,  to  the  annoyance  or  inconvenience  of 
travelers  or  persons  residing  adjacent  thereto,  and  all  persons  who 
shall  use  any  obscene,  vulgar  or  profane  language  in  any  such  high- 
way. >treet.  lane  or  public  place  shall  be  liable  to  a  penalty  of  not 
less  than  $i  nor  more  than  $_>0  for  each  offense,"  or  in  lieu  thereof, 
not  more  than  ten  days'  imprisonment. 


324        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Article  2 — Prevention  of  Vice. 

Sec.  2.  Vice  and  immorality,  disturbance  of  the  public  peace  and 
order,  disorderly  houses,  gambling  houses,  instruments  and  devices 
for  gaming,  and,  in  general,  all  acts,  things  and  omissions  forbidden 
by  the  Laws  of  the  State  of  Xew  York,  arc  hereby  forbidden. 

Except  as  prescribed  in  these  ordinances,  the  penalties  for  such 
acts  shall  be  those  imposed  by  the  laws  of  the  State. 

Soc.  3.  It  shall  be  unlawful  to  write,  print,  publish  or  post  any 
obscene  or  indecent  writing,  picture,  or  print  in  that  section  of  The 
City  of  Xew  York  formerly  known  as  the  Village  of  Arverne-by-the- 
or  to  deface  any  post,  wall,  fence,,  building,  or  other  surface 
with  any  obscene  or  indecent  mark,  writing,  picture  or  print. 

Any  person  violating  any  of  the  provisions  of  this  ordinance 
shall  be  liable  to  a  fine  of  not  less  than  $20  nor  more  than  $50  for 
each  offense. 

Article  3 — False  Alarm  of  Fire. 

Sec.  4.  If  any  person  shall  willfully  or  designedly  alarm  the 
citizen^  of  that  section  of  The  City  of  Xew  York  formerly  known 
as  the  Village  of  Arvcrne-by-the-Sea,  under  a  fine  of  not  less  than  $2 
unusual  noise,  he  shall  be  lined  not  less  than  $2  nor  more  than  $5 
for  each  offense. 

Article  4 — Miscellaneous  Provisions. 

Sec.  5.  No  person  shall  throw  any  stone,  stick  or  other  missile, 
or  play  ball,  in  any  street  of  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Arvcrne-by-the-Sea,  under  a  pen- 
alty of  $2  for  each  offense. 

See.  6.  No  person  shall  bathe  in  any  of  the  waters  within  the 
limits  of  that  section  of  The  City  of  Xew  York  formerly  known  as 
the  Village  of  Arverne-by-the-Sea,  unless  clothed  in  a  suitable  bath- 
ing dress,  under  a  fine  of  not  less  than  $2  nor  more  than  $5  for  each 
offense. 

CHAPTER  2— STREETS  AND  HIGHW  AYS. 
Article  1 — Washing  cf  Carriages. 

Sec.  7.  No  person  shall  wash  or  cause  to  be  washed  any  car- 
riage, wagon  or  other  vehicle  on  any  street,  lane,  sidewalk  or  other 
public  place  in  that  section  of  The  City  of  Xew  York  formerly  known 
as  the  \  illage  of  Avernue-by-the-Sea,  under  a  fine  of  not  les>  than  $2 
nor  more  than  $10  for  each  offense. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


325 


Article  2 — Encumbrances  and  Excavations. 

S  -  3.  No  person  shall  alter  or  disturb  the  grade  of  any  street 
or  public  place  without  a  permit  from  the  President  of  the  Borough, 
and  then  only  under  the  supervision  of  the  President  of  the  Borough, 
under  a  fine  or  not  less  than  $io  nor  more  than  $100.  No  person  or 
corporation  shall  dig  in  or  upon  any  such  street  or  public  place  with- 
out such  permit,  and  then  only  under  such  supervision,  under  the  like 
penalty.  As  the  condition  of  granting  such  permit  the  President  of 
the  Borough  may  require  a  cash  deposit  of  such  sum  as  will  be  suf- 
ficient, in  his  judgment,  to  restore  such  street  or  place  to  its  former 
condition. 

Sec.  9.  Xo  water  company,  gas  company,  telegraph,  telephone  or 
electric  light  company,  or  person  or  association  of  persons,  shall  be 
allowed  to  dig  up  any  street  or  public  place  in  that  section  of  The 
City  o:  New  York  formerly  known  as  the  Village  of  Arverne-by-the- 
Sea,  for  the  purpose  of  laying  or  repairing  pipes,  or  for  any  other 
purpose,  without  a  written  permit  from  the  President  of  the  Borough, 
under  a  penalty  of  $10  for  ever}-  offense.,  and  a  further  sum  of  $10 
for  every  twenty-four  hours  the  same  may  be  dug  up  or  left  un- 
finished, in  addition  to  the  actual  damage  which  The  City  of  New 
York  may  sustain.  For  every  such  permit  issued  as  aforesaid  there 
shall  be  paid  the  sum  of  $2  per  foot  for  permission  to  dig  up  a 
macadam  road;  and,  in  every  case  where  such  permit  is  granted  as 
aforesaid,  the  person  or  persons  to  whom  it  is  granted  shall  properly 
restore  the  earth  or  pavement  taken  up  for  excavating  and  leave  the 
surface  in  the  same  condition  substantially  as  before  the  excavation 
was  commenced.  This  work  shall  be  done  under  the  supervision  of 
the  Pre -ident  of  the  Borough. 

As  the  condition  of  granting  such  permit,  the  President  of  the 
Borough  may  require  a  cash  deposit  of  such  sum  as.  in  his  judgment, 
will  be  sufficient  to  restore  such  street  or  place  to  its  former  condi- 
tion. But  nothing  in  this  ordinance  shall  be  construed  as  authorizing 
or  permitting  the  erection  or  maintainance  of  any  poles  or  overhead 
wire  in  the  streets  or  avenues  of  that  section  of  The  City  of  New 
York,  formerly  known  as  the  Village  of  Jamaica. 

Sec.  10.  Xo  train  of  cars  or  any  part  of  any  train  of  cars,  in- 
cluding the  locomotive  and  tender  thereof,  shall  remain  or  be  left 
across  or  upon  any  of  the  streets  or  walks  of  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Arverne-by-the- 
Sea,  so  as  to  obstruct  or  prevent  free  travel  along  the  same  for  a 
longer  period  than  live  minutes  during  any  period  or  during  any  hour, 
unless  the  same  can  be  made  to  appear  unavoidable.     Any  officer, 


320 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


agent  or  employee  of  any  railroad  company,  or  any  person  having 
charge  or  control  of  any  Mich  train  of  cars  or  locomotive,  who  shall 
violate  or  suffer  or  allow  any  violation  of  this  ordinance,  shall  pay  a 
fine  of  not  less  than  $5  nor  more  than  $10  for  each  offense. 

Sec.  11.  No  hay,  straw,  chips,  shavings  or  other  combustile  sub- 
stances shall  be  set  on  fire  or  burned  in  any  street  at  any  time,  or  in 
any  lot  in  that  section  of  The  City  of  \e\v  York  formerly  known  as 
the  Village  of  Arverne  by-the-Sea,  under  a  penalty  of  $10.  to  be 
incurred  by  any  person  directing  or  causing  the  same  to  be  done. 

Sec.  12.  Trades  wagons  shall  not  be  allowed  to  collect  on  the 
streets  or  public  places  of  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  Arverne-by-the-Sea,  to  the  obstruc- 
tion of  travel  or  the  annoyance  of  persons  coming  and  going  on  the 
streets,  sidewalks  or  crosswalks,  or  of  any  property  owner  or  resi- 
dent in  the  vicinity. 

The  fine  for  ever}-  violation  of  this  section  shall  not  be  less  than 
$2  nor  more  than  $5. 

Sec.  13.  No  person  shall,  without  written  permission  from  the 
President  of  the  Borough,  dig  or  remove,  carry  away  or  cause  the 
same  to  be  done,  any  stone,  earth,  sand  or  gravel  from  any  public 
street,  highway,  lane  or  public  place  in  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village  of  Arverne-by-the-Sea. 
Every  person  violating  the  provisions  of  this  section  shall  be  liable 
to  a  fine  of  not  less  than  $5  nor  more  than  $10  for  each  such  offense. 

Sec.  14.  No  person  shall  place  or  cause  to  be  placed  any  stone, 
timber,  lumber  or  other  materials  for  building  in  or  upon  any  high- 
ways, streets,  avenues  or  public  squares  in  that  section  of  The  City 
of  New  York  formerly  known  as  the  Village  of  Arverne-by-the-Sea, 
without  a  written  permission  for  that  purpose  first  obtained  from  the 
President  of  the  Borough,  under  a  penalty  of  $10  for  each  and  every 
forty-eight  hours  during  which  the  articles  or  materials  aforesaid 
shall  be  or  remain  in  any  such  highway,  street,  avenue  or  public 
square  without  permission  as  aforesaid,  after  notice  from  the  Presi- 
dent of  the  Borough  to  remove  the  same. 

Sec.  15.  Any  person  who  shall  have  obtained  a  permit  to  place 
any  building  material,  or  any  material  to  be  used  in  the  construction 
of  any  building,  or  to  place  any  pile  of  earth  or  sand  dug  from  any 
cellar  or  other  excavation  upon  the  street,  or  who  shall,  after  having 
obtained  a  permit  therefor,  dig  into  the  sidewalk  or  street,  shall  cause 
the  obstruction  caused  thereby  to  be  protected  by  a  sufficient  barrier, 
and  sufficient  light  or  lights  at  or  near  the  obstruction,  for  the  pro- 
tection of  travelers  and  passengers  from  damage  or  injury  by  reason 


ORDINANCES  OF  THE  CITY  OF  N'EW  YORK. 


327 


thereof,  and  rif  a  violation  of  the  provisions  of  this  ordinance  the 
penalty  shall  be  a  line  of  $10. 

Sec.  l6.  No  person  shall  mix  or  temper  mortar,  or  cause  the 
same  to  be  done,  on  any  sidewalk  or  crosswalk  in  that  section  of 
The  City  of  New  York  formerly  known  as  the  Village  of  Arverne- 
by-the-Sea.  under  a  penalty  of  $10  for  each  offense. 

Article  3 — Advertisements  and  Public  Notices. 

Sec.  ij.  No  person  shall  paste,  nail  or  in  any  manner  place,  or 
cause  to  be  placed,  any  advertisement,  placard,  poster  or  sign,  printed, 
written  or  painted,  on  any  building  or  other  property  belonging  to 
The  City  of  New  York,  or  on  any  fence  of  building  belonging  to  any 
individual,  company  or  corporation,  without  first  obtaining  the  con- 
sent of  the  owner  thereof,  under  a  penalty  of  $5  for  each  offense. 

Sec.  18.  Any  person  who  shall  tear  down,  deface  or  destroy  any 
notice,  handbill  or  poster  put  up  or  posted  by  or  under  the  direction 
of  the  Board  of  Aldermen,  or  by  or  under  the  direction  of  any  au- 
thorized body  or  official  shall  be  liable  to  a  penalty  of  $10  for  each 
offense. 

Article  4 — Street  Musicians. 

Sec.  19.  It  shall  be  unlawful  for  any  person  to  play  a  hand  organ 
or  other  musical  instrument  in  any  of  the  streets  or  public  places  in 
that  section  of  The  City  of  New  York  formerly  known  as  the  Vil- 
lage of  Arverne-by-the-Sea.  without  having  first  obtained  a  license 
therefor  from  the  Mayor4  and  paid  for  such  license,  for  the  use  of 
The  City  of  New  York,  not  less  than  $10,  nor  more  than  $50,  at  the 
discretion  of  the  Mayor  granting  the  license.  Every  such  license  shall 
provide  that  the  player  shall,  at  the  request  of  any  householder, 
move  away  to  a  distance  of  500  feet  from  said  householder's  residence, 
shall  restrict  claim  to  week  days,  between  9  a.  m.  and  7  p.  m.,  shall  ex- 
pire on  the  1st  day  of  May  next  succeeding  the  date  of  issue,  and 
shall  not  be  transferred  without  the  consent  of  the  Mayor.  This 
ordinance  shall  not  apply  to  parades  of  military  or  political  organiza- 
tions. Any  person  violating  this  ordinance  or  the  conditions  of  this 
license'  granted  to  him  thereunder  shall  be  liable  to  a  fine  of  not  less 
than  $5  nor  more  than  $20  for  each  offense. 

CHAPTER  3— AUCTIONEERS. 

Article  1 — Licenses. 

Sec.  jo  No  goods,  wares  or  merchandise  or  other  property,  real 
or  personal,  shall  be  sold  at  auction  in  that  section  of  The  City  of 


ORDINANCES  OK  Ti!K  CITY  OF  NEW  YORK 


New  York  formerly  known  as  the  Village  of  Arverne-by-the-Sea  by 
an  auctioneer,  his  agent  or  servant  or  by  any  other  'person,  without 
a  written  permit  from  the  City  Clerk  of  The  City  of  New  York,  nor 
in  front  of  any  house,  store  or  tenement  without  the  consent  of  the 
owner  or  occupant  thereof.  For  each  permit  for  such  auction  or  sale 
there  shall  be  paid  to  the  City  Clerk  of  The  City  of  New  York  the 
sum  of  three  dollars  for  each  day  or  part  of  a  day  that  such  auction 
or  sale  shall  be  held  or  continued.  Every  person  violating  any  of 
the  provisions  of  this  section  shall  be  liable  to  a  fine  of  not  less  than 
five  dollars  nor  more  than  ten  dollars  lor  each  offense. 

CFIAPTER  4— FINES  AND  PENALTIES. 
Article  i — Violation  of  Ordinances,  Etc. 

Sec.  21.  In  case  any  by-laws,  resolutions  or  ordinances  of  that 
section  of  The  City  of  New  York  formerly  known  as  the  Village  of 
Arverne-by-the-Sea  be  violated  or  disobeyed,  and  there  shall  be  no 
provisions  incorporated  therein  for  a  penalty  for  such  violation  or 
disobedience,  the  person  so  violating  or  disobeying  said  by-law.  reso- 
lutions or  ordinance  shall  forfeit  and  pay  not  less  than  five  dollars 
nor  more  than  lift}-  dollars,  in  the  discretion  of  the  magistrate  before 
whom  such  person  shall  be  convicted  of  such  violation. 

Sec.  22.  All  lines,  penalties  or  forfeitures  for  violation-  of  these 
ordinances  may  be  prosecuted  for  and  collected  in  the  manner  pre- 
scribed by  law,  together  with  the  costs  of  proceedings. 

All  moneys  for  fines,  licenses  or  damages  which  shall  be  collected 
under  any  by-laws,  ordinances,  rules  or  regulations  of  that  section  of 
The  City  of  New  York  formerly  known  as  the  Village  of  Arverne-by- 
the-Sea  shall  be  paid  to  the  Comptroller  of  The  City  of  New  York 
within  five  days  after  the  same  shall  be  collected  and  received  by  any 
officer  or  person  who  shall  have  collected  or  received  the  same,  for 
the  use  of  the  said  City  of  New  York. 

CHAPTER  5— ABANDONED  POLES  IN  STREETS. 
Article  i — Removal  of  Poles. 

Sec.  23.  All  telegraph,  telephone  and  electric  light  poles,  wires 
or  conductors  which  at  the  time  of  the  passage  of  this  ordinance 
shall  have  been  standing  for  three  months  prior  thereto  disused  or 
abandoned,  or  which  shall  hereafter  remain  or  stand  disused  or  be- 
come disused  or  abandoned  in,  over  or  upon  any  of  the  streets,  ave- 
nues, sidewalks,  public  grounds  or  public  places  of  that  section  of 
The  City  of  NewYork  formerly  known  as  the  Village  of  Avernc-by- 
the-Sea,  shall  be  forthwith  removed. 


ORDINANCES  OF  TI1K  CITY  OF  NEW  YORK.  :*29 


Sec.  24.  It  shall  be  the  duty  of  the  corporation,  association,  per- 
son or  persons  owning;  operating,  managing  or  controlling  any  dis- 
used or  abandoned  poles,  wires  or  conductors,  or  any  poles,  wires  or 
conductors  which  art-  dangerous  or  unsafe,  forthwith  to  take  down 
and  remove  the  same:  and  a  failure  to  do  so  is  hereby  declared  a 
violation  of  this  ordinance  and  shall  constitute  disorderly  conduct, 
and  the  corporation,  association,  person  or  persons  so  violating  the 
same  shall  be  disorderly  person s. 

Sec.  25.  This  provision  i>  made  a  police  regulation  in  and  for 
that  section  of  The  City  of  Xew  York  formerly  known  as  the  Village 
of  Arverne-by-the-Sea.  and  in  case  the  owner,  owners,  operators  or 
persons  controlling  such  wires,  poles,  conductors  or  devices  shall  not 
eaus<  'urn  to  be  removed  from  such  streets,  sidewalks  and  public 
places  as  in  this  ordinance  required,  it  shall  be  the  duty  of  the  Presi- 
dent of  the  Borough  to  remove  or  cause  the  same  to  be  removed 
forthwith. 

Article  2 — Permits  for  Laying  Conduits. 

Sec.  26.  It  shall  be  unlawful  hereafter  for  any  corporation,  asso- 
ciation, person  or  persons  to  take  up  the  pavements,  streets  or  side- 
walks of  that  section  of  The  City  of  Xew  York  formerly  known  as 
the  Village  of  Arveme-on-the-Sea.  or  to  excavate  in,  or  about  any 
of  the  said  strets,  sidewalks  or  public  places,  or  in  any  manner  to 
interfere  therewith,  for  the  purpose  of  laying  underground  any  elec- 
trical conductors  unless  a  permit  in  writing  therefor  shall  have  first 
been  obtained  from  the  President  of  the  Borough,  and  except  with 
such  permission,  no  electrical  conductors,  wires,  conduits  or  other 
figures  or  devices  therefor  shall  be  continued,  constructed,  erected 
or  maintained  or  strung  under  ground  in  any  part  of  that  section  of 
The  City  of  Xew  York  formerly  known  as  the  Village  of  Arverne- 
by-the-Sea. 

Article  3 — Penalties  for  Failure  to  Remove  Poles. 

Sec.  27.  For  ever}'  violation  of  this  ordinance  the  corporation, 
association  or  individuals  violating  the  same  shall  be  liable  to  a  pen- 
alt}'  of  $5  per  da}'  for  every  pole  allowed  to  remain  within  that  sec- 
tion of  The  City  of  Xew  York  known  as  the  Village  of  Arverne-by- 
the  Sea,  after  notice  to  remove  the  same  shall  have  been  given  by 
the  President  of  the  Borough. 

Sec.  >8.  In  addition  to  this  penalty,  it  is  ordained  that  any  vio- 
lation  of  this  ordinance  shall  constitute  disorderly  conduct,  and  the 
corporation,  association,  person  or  persons  violating  the  same  shall 
be  disorderly  persons.  J 


330       ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


PART  XI. 

ORDINANCES    RELATING   TO    THAT    SECTION    OF  THE 
CITY  OF  NEW  YORK  FORMERLY  KNOWN  AS 
THE  VILLAGE  OF  PORT  RICHMOND. 

CHAPTER  i— GENERAL  REGULATIONS. 
Article  i — Bathing. 

Section  I.  No  person  shall  be  allowed  to  bathe  publicly  in  a 
state  of  nudity  or  partial  nudity  anywhere  within  that  section  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Port  Richmond, 
between  the  hours  of  5  o'clock  a.  m.  and  8  o'clock,  p.  m.,  under  the 
penalty  of  $2  for  each  offense. 

Article  2 — Injuring  Street  Signs. 

Sec.  2.  It  shall  not  be  lawful  for  any  person  to  injure,  deface, 
obliterate,  mar,  remove,  take  down,  loosen,  destroy  or  in  any  other 
matter  interfere  with  or  disturb  any  of  the  signboards  containing  the 
names  of  the  public  roads,  avenues,  streets  or  places,  whether  such 
signboards  are  now  or  may  hereafter  be  erected  or  put  up,  or 
whether  they  may  be  upon  public  or  private  property,  under  a  pen- 
alty of  $10  for  each  and  every  offense. 

Article  3 — Filling  in  Streets,  Etc. 

Sec.  3.  No  person,  without  being  previously  authorized  by  .1  per- 
mit of  the  President  of  the  Borough  shall  till  in  or  raise,  or  cause  to 
be  tilled  in  or  raised,  any  road,  avenue,  street  or  other  public  place  in 
that  section  of  New  York  City  formerly  known  as  the  Village  of 
Port  Richmond,  or  any  part  of  such  road,  avenue,  street  or  other 
public  place,  or  take  up,  remove,  or  carry  away,  or  cause  to  be  taken 
up,  removed  or  carried  away  any  turf,  stone,  sand,  clay  or  earth  from 
any  such  road,  avenue,  street  or  public  place  under  the  penalty  of  $JO 
for  every  such  offense;  and  every  person  so  offending  shall  be  fur- 
ther liable  for  all  expenses  and  damages  which  The  City  of  Xew 
York  may  incur  in  restoring  Mich  road,  avenue,  street  or  other  public 
place  to  its  original  condition,  to  be  recovered  with  cost  of  suit. 

Aritcle  4 — Dedication  of  Street. 

Sec.  4.  No  avenue  or  street  in  that  section  of  Xew  York  City 
formerly  known  as  the  Village  of  Port  Richmond,  the  width  whereof 
is  less  than  50  feet,  shall  hereafter  be  accepted  as  a  public  street  or 
highway;  nor  shall  the  same  be  accepted  unless  the*  carriageway  and 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


331 


sidewalks  shall  have  respectively  been  properly  graded  and  regulated 
and  shall  severally  be  in  good  order  and  condition  for  convenient 
use,  with  sufficient  gutters  for  the  drainage  of  the  same,  and  of  the 
water-  from  adjoining  lands. 

Article  5 — Drains. 

Sec.  5.  All  drains  leading  across  any  sidewalk  shall  be  construc- 
ted of  hard  brick  or  stone,  and  covered  with  flat  stones  of  even  sur- 
face, with  straight  edges  laid  close.  Ordinary  gutters  across  side- 
walks shall  he  formed  of  oblong  strips  of  flat  stones  of  even  surface, 
with  straight  edges,  respectively  not  less  than  2  feet  in  length,  laid 
beveling  to  the  centre  of  such  gutter,  or  of  such  materials,  and  in 
such  manner,  as  the  President  of  the  Borough  shall  approve  of  and 
authorize. 

Article  6 — Sidewalks. 

Sec.  6.  No  sidewalk  in  that  section  of  New  York  City  formerly 
known  as  the  Village  of  Port  Richmond,  laid  wholly  or  in  part  with 
flaggings,  shall  hereafter  be  taken  tip.  or  the  flagging  removed  there- 
from, or  the  grade  thereof  altered  for  any  purpose  whatever  except 
previously  authorized  by  the  President  of  the  Borough,  under  penalty 
for  each  offense  of  $10,  to  be  forfeited  and  paid  for  each  and  every 
person  offending  in  the  premises,  and.  when  so  taken  up.  or  when 
any  sidewalk  shall  be  broken,  dug  up,  or  in  any  wise  injured  by,  or 
by  the  direction  of  any  person,  the  same  shall  be  well  and  sufficiently 
repaired  and  reinstated  by  such  person  within  such  time  as  shall 
be  specified  for  thai  purpose,  in  any  written  or  printed  notice  from 
the  President  of  the  Borough,  served  upon  such  person  or  upon  the 
occupant  of  the  premises  adjoining  such  sidewalk,  under  the  penalty 
of  $10,  and  a  further  penalty  of  $_>  for  each  and  every  day  after  the 
expiration  of  time  so  specified  in  such  notice,  such  person  shall  omit 
or  neglect  to  repair  and  reinstate  the  same. 

Article  7 — Obstructing  the  Streets. 

Sec,  T.  It  shall  not  be  lawful  to  encroach  upon  or  encumber  any 
public  road,  avenue,  street  or  public  place  in  that  portion  of  The 
City  of  New  York  formerly  known  as  the  Village  of  Port  Richmond, 
by  any  building  or  by  any  fence,  porch,  piazza,  stoop,  step,  staircase, 
platform,  bow  window,  area,  cellar  door  or  descent  into  any  base- 
ment or  cellar  or  by  the  projection  of  an\  sign  over  or  upon  any 
sidewalk  or  otherwise;  and  if  any  person  shall  hereafter  encroach 
upon  or  incumber  any  public  road,  avenue*  street  or  other  place  in 
that  section  of  The  City  pi -New  York  formerly  known  as  the  Village 


332 


ORDINANCES  OF  XHE  CITY  OK  NEW  YORK 


of  Port  Richmond,  or  continue  any  such  existing  encroachment, 
encumbrance  or  projection,  in  violation  of  the  provision  of  this 
ordinance. 

Sec.  8.  The  President  of  the  Borough  may  give  a  written  or 
printed  notice  to  the  owner  of  the  premises,  by  service  upon  such 
owner,  or  upon  the  occupant  of  the  premises,  requiring  such  owner 
to  remove  or  alter  every  such  encumbrance  or  projection  within  a 
period  to  be  specified  in  such  notice,  and  in  case  of  neglect  <»r  refusal 
to  comply  with  such  notice,  the  owner  of  such  premises  shall  forfeit 
and  pay  the  sum  of  $10,  and  also  a  further  sum  of  $2  for  each  and 
ever}-  day  he  or  she  shall  neglect  or  omit  to  remove  or  alter  any  such 
encroachment,  encumbrance  or  projection,  after  the  expiration  of  the 
time  specified  in  such  notice,  until  the  same  shall  be  done,  and  at 
an\-  time  after  the  expiration  of  the  time  specified  for  thai  purpose 
in  such  notice,  if  such  encroachment,  encumbrance  or  projection 
shall  not  then  have  been  removed  or  altered,  the  President  of  the 
Borough  may.  by  notice,  or  order,  direct  and  cause  such  encroach- 
ment, encumbrance  or  projection  to  be  removed  and  altered  at  the 
expense  of  the  owner  or  constructor  thereof,  who  shall  be  liable  to 
The  City  of  Xew  York  for  all  expenses  which  it  may  incur  by  such 
removal  or  alteration,  together  with  such  aforesaid  penalties,  t"  be 
recovered  with  costs  of  suit. 

Article  8 — Awnings. 

Sec.  9.  It  shall  be  lawful  for  any  person  to  place  and  fix  awn- 
ings made  of  cloth  before  his  or  her  store,  shop  or  place  of  business, 
and  to  cause  such  awnings  to  be  supported  by  posts  and  a  rail  there- 
on, provided  such  posts  and  rails  thereon  be  made  and  placed  in  the 
manner  hereinafter  mentioned,  that  is  to  say:  Such  posts  shall  not 
be  less  than  5  inches  in  diameter  at  the  base  ,  nor  less  than  4  inches 
in  diameter  at  the  top,  shall  be  placed  next  to  and  along-  the  inside 
of  the  curbstone,  if  the  sidewalk  be  curbed,  otherwise  within  (>  inches 
of  the  outer  edge  of  the  sidewalk,  including  the  rail,  on  the  top,  and 
such  posts  or  rails  shall  be  turned  or  placed  smooth  and  well 
painted;  and  it  shall  not  be  lawful  to  erect  or  maintain  any  wooden 
awnings  or  shed  projecting  in  part  or  wholly  over  any  sidewalk, 
road,  avenue,  street  or  public  place  in  that  section  of  The  City  .  :  New 
York  formerly  known  as  the  Village  of  Port  Richmond,  without  first 
having  obtained  the  permission  of  the  President  of  the  Borough  so 
to  do.  under  the  penalty  of  $10  for  each  offense,  and  a  further  pi  nalty 
of  $2  for  each  and  every  day  the  >ame  shall  be  permitted  to  '•.■main 
,  to  be  recovered  of  the  owner  or  occupant  of  the  premises,  from  which 
such  wooden  awning  or  shed  shall  project. 


ORDINANCES  OF  THE  CITY  OK  XEW  YORK.  333 


Article  9 — Gas  Mains. 

Sec.  10.  It  shall  not  be  lawful  for  any  gas  company,  or  for  any 
person  to  lay  any  gas  main  or  other  pipe  in  any  road,  avenue,  street 
or  public  place  in  that  section  of  New  York  City,  formerly  known  as 
the  Village  of  Port  Richmond,  or  to  break  up  or  disturb  the  ground 
for  such  or  an}-  purpose,  unless  previously  authorized  by  a  permit 
of  the  President  of  the  Borough,  or  otherwise  than  in  conformity 
with  the  conditions  prescribed,  and  subject  to  any  restrictions  ex- 
pressed or  imposed  in  and  by  an}-  such  permit,  under  the  penalty  of 
$30  for  each  offense,  and  the  further  penalty  of  $10  for  each  and 
every  day  any  company  or  person  shall  neglect  or  omit  to  comply 
in  all  respects  with  the  requirement  of  any  permit  of  the  President 
of  the  Borough,  forbidding  the  prosecution  of  such  work,  requir- 
ing the  removal  from  such  road,  avenue,  street  or  public  place,  of 
any  main,  pipe  or  other  encumbrance  placed  or  caused  to  be  placed 
thereon  by  such  company  or  person,  the  filling  up  of  any  trench  dug 
for  the  purpose  of  laying  any  main  or  pipes,  and  restoring  of  the 
ground  and  pavement,  if  any.  of  such  road,  avenue,  street  or  public 
place,  to  the  like  order  and  condition  the  same  was  in  immediately 
prior  to  the  causing  the  same  to  be  disturbed,  and  in  case  of  the  re- 
fusal or  neglect  to  comply  with  all  the  requirements  of  any  such 
last  mentioned  permit  within  the  time  specified  after  the  service  of  a 
copy  or  of  a  notice  thereof  by  the  President  of  the  Borough  upon 
the  President  or  Secretary  of  the  company,  or  upon  any  person  doing 
such  work,  the  President  of  the  Borough  may  at  any  time  thereafter, 
cause  all  or  any  part  of  such  work  to  be  done  at  the  expense  of  said 
company,  or  person,  who  shall  be  liable  to  The  City  of  Xew  York 
for  all  expenses  which  it  may  incur  in  that  behalf,  together  with  such 
aforesaid  penalties  to  be  recovered  with  costs  of  suit. 

Sec.  11.  It  shall  be  obligatory  upon  such  company  or  persons 
when  laying  any  main,  or  service  or  other  pipe,  or  establishing  any 
lamp-post,  in  any  road,  avenue,  street  or  public  place  in  that  se ;cti on 
of  Xew  York  City  formerly  known  as  the  Village  of  Port  Richmond, 
to  perform  all  such  work  carefully,  workmanlike  and  substantially, 
disturbing  the  ground,  and  the  pavement,  curb,  gutter  and  flagging  if 
any,  no  further  than  may  be  actually  necessary  for  the  careful  per- 
formance of  any  such  work:  to  guard,  as  far  as  practicable,  ag;  51 
the  further  settling  of  the  ground,  pavement,  curb,  gutter  or  flagging 
above  any  such  main,  service  or  other  pipe,  or  around  such  lamp- 
post, or  resulting  from  the  digging  of  the  trench  thereof  by  filling 
in  around  and  above  any  such  main  or  service  pipe,  and  around  such 
lamp-post,  the  earth  dug  from  any  such  trench,  compactly  and  firmly; 
to  repair  all  damage  which  may  be  caused  to  any  such  road,  avenue, 
street,  or  public  place,  or  to  any  pavement,  curb  gutter,  or  ftaggii  g 


334 


ORDINANCES  OF  THE  CITY  OK  NEW  YORK. 


by  the  laying  of  such  main  or  service  pipe,  or  the  establishing  such 
lamp-post,  and  to  restore  the  same  respectively  to  as  good  order  and 
condition  as  the  same  were  in  immediately  prior  to  their  commencing 
any  such  work:  to  cause  all  such  work  to  be  performed  with  all  rea- 
sonable despatch  and  in  such  manner  as  not  unnecessarily  to  incom- 
mode the  neighborhood  or  the  public,  and  to  promptly  conform  to 
all  such  directions  as  the  Borough  President  may  from  time  to 
time  give  in  that  behalf:  under  the  penalty  of  $10  for  every  omission 
ueglect,  refusal  or  delay;  and  in  case  of  any  such  omission,  neglect, 
refusal  or  delay,  it  shall  be  lawful  for  the  Borough  President  to  cause 
any  such  work  to  be  done  at  the  expense  of  said  company,  which  shall 
be  liablje  to  The  City  of  New  York  for  all  expenses  which  it  may 
thereby  incur  as  well  as  such  aforesaid  penalties  specified  in  this  sec- 
tion to  be  recovered  with  costs  of  suit. 

Sec.  12.  If  any  person  or  persons  shall  wilfully  and  maliciously 
injure,  damage  or  disturb  any  main,  service  or  other  pipe,  heretofore 
or  which  may  hereafter  be  laid  by  any  gas  company  or  person^  in 
that  portion  of  Xew  York  City  formerly  known  as  the  Village  of 
Port  Richmond  for  the  purpose  of  supplying  the  same,  or  the  in- 
habitants thereof,  or  any  part  of  portion  thereof  with  gas,  water  or 
drainage,  such  person  or  persons  shall  severally  forfeit  and  pay 
to  The  City  of  Xew  York  the  sum  of  $30  for  every  such  offense,  to 
be  recovered  with  costs  of  suit  and  the  imposing,  recovery  or  pay- 
ment of  such  penalty  or  penalties  shall  not  in  any  wise  impair  or 
interfere  with  any  claim  of  such  company  or  person  against  any 
person  or  persons  guilty  of  any  such  act,  for  any  damage  which  -aid 
company  or  person  may  sustain  therefrom. 

Sec.  13.  Xo  person  or  persons  shall  affix  any  such  thing  to 
any  private  buildings  and  fences  or  blank  walls  within  that  section 
of  Xew  York  City  iormerly  known  as  the  Village  of  Port  Richmond, 
unless  with  the  permission  of  the  owner  of  such  private  buildings  and 
Eences,  under  the  penalty  of  $2  for  each  and  every  offence. 


PART  XII. 

ORDINANCES    RELATING   TO    THAT    SECTION    OF  THE 
CITY  OF  NEW  YORK  FORMERLY  KNOWN  AS 
THE  VILLAGE  OF  NEW  BRIGHTON. 

CHAPTER  1— STREKTS  AM)  HIGHWAYS. 
Article  1 — Encumbrances,  Excavations  and  Laying  of  Pipes. 

Section  1.  Xo  person  shall  place  or  cause,  to  be  placed  any  stone, 
timber,  lumber,  plank,  boards  or  other  materials  for  building,  in  or 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  333 


upon  any  street,  lane  or  public  square,  without  a  written  perim--!'  r. 
for  that  purpose,  first  obtained  from  the  President  of  the  Borough,  un- 
der penalty  of  $5  for  each  offense,  and  the  further  penalty  of  $5  tor 
each  and  every  forty-eight  hours  during-  which  the  articles  or  ma- 
terials aforesaid  shall  he  or  remain  in  any  such  street,  alley  or  pub- 
lic square. 

Sec.  2.  The  President  of  the  Borough  is  authorized  to  grant  any 
person  permission  to  place  any  building  materials  in  any  of  the 
streets,  alleys  and  public  squares  of  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Xew  Brighton;  such  permis- 
sion, however,  shall  not  be  for  a  longer  period  than  one  month,  nor 
authorize  the  obstruction  of  an}'  part  of  the  sidewalk,  nor  more  than 
one-third  of  the  carriageway  of  the  street  opposite  the  lot  or  place 
where  the  building  is  proposed  to  be  erected.  For  every  permit  so 
granted  the  applicant  shall  pay  such  fee  as  the  Borough  President 
shall  require. 

Sec.  3.  Every  person  to  whom  permission  is  granted  as  afore- 
said shall  cause  all  the  timber,  building  materials  and  rubbish  to  be 
removed  after  a  notice  in  writing  to  do  so  shall  be  served  upon  them 
by  the  President  of  the  Borough,  and  for  neglect  or  refusal  so  to  re- 
move, shall  be  liable  to  a  penalty  of  $10  for  every  twenty-four  hours 
such  encroachment  shall  continue  after  the  expiration  of  said'notiee. 

Sec.  4.  No  person  shall,  without  the  permission  of  the  Presi- 
dent of  the  Borough,  dig,  remove  or  carry  away  or  cause  the  same 
to  be  done,  any  stone,  earth,  sand  or  gravel  from  any  public  street, 
highway,  lane  or  public  square  in  that  section  of  The  City  of  New 
York  formerly  known  as  the  Village  of  Xew  Brighton,  under  the 
penalty  of  not  less  than  $0  or  more  than  $.">0  for  each  offense,  in  the 
discretion  of  the  Magistrate  convicting.  And  it  shall  be  unlawful  for 
any  person  to  drop  or  deposit  any  stone,  gravel,  sand  or  other  ma- 
terial on  an>-  of  the  streets  of  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  New  Brighton,  under  a  like  penalty. 

Sec.  5.  No  person  shall  place  or  cause  to  be  placed,  or  it  shall 
not  be  lawful  for  the  owner  or  occupant  of  any  estate  within  that 
section  of  the  City  of  New  York  formerly  known  .is  the  Village  of 
New  Brighton,  or  for  any  other  purpose  to  erect,  place  or  continue 
or  cause  to  be  erected,  placed  or  continued  upon  any  sidewalk.  r<>atL 
avenue  or  street  adjoining  such  estate  any  encumbrance,  encroach- 
ment or  obstruction  which  shall  in  any  manner  impede,  obstruct  i  »r 
prevent  the  full,  clear  and  tree  passage  of  such  sidewalk,  road,  ave- 
nue or  street,  but  the  said  owner,  the  agent  or  occupant  of  such  es- 
tate shall  forthwith  remove  any  such  encumbrance,  encroachment  or 
obstruction  on  being  notified  so  to  do  by  the  President  of  the  Bor- 
ough, and  shall  be  liable  to  a  penalty  of  $5  for  each  and  every  day 
that  such   encumbrance,  encroachment  or  obstruction   shall  remain 


330 


ORDINANCES  OF  Til  K  CiTV  OF  NEW  YORK. 


after  notice  a>  aforesaid.  In  case  any  such  encumbrance,  encroach^ 
menf  or  obstruction  shall  not  have  been  removed  within  a  reasonable 
time  alter  notice  as  aforesaid,  it  shall  be  the  duty  of  the  Borough 
President  to  cause  the  same  to  be  removed  at  the  expense  of  the 
owner  or  occupant  of  the  estate  in  question.  An}'  person  who  shall, 
after  notice  and  removal  as  aforesaid,  replace  or  renew,  or  cause  to 
be  replaced  or  renewed,  an>'  such  of  similar  encumbrance,  encroach- 
ment or  obstruction  upon  any  sidewalk,  road,  avenue  or  street  within 
the  limns  of  that  section  of  The  City  of  Xew  York  formerly  known 
as  the  Village  of  Xew  Brighton  shall  be  liable  to  a  line  of  $•">  for  each 
and  every  such  offense.  Xo  rail  or  post  placed  on  the  outer  edge  of 
the  sidewalk  and  not  interfering  with  or  impeding  the  free  passage 
of  the  whole  width  of  such  sidewalk  or  any  crosswalk,  shall  be  held 
to  be  an  obstruction. 

Sec,  6.  Any  person  who  shall  injure,  take  up  or  displace  any 
pavement,  side  or  cross  walk,  drain  or  sewer,  or  any  part  thereof, 
or  who  shall  dig  any  hole  or  ditch,  or  drain  in  any  street,  pave-* 
ments  or  sidewalks,  without  authority  from  the  President  of  the 
Borough,  or  who  shall  hinder  or  obstruct  the  making  or  repairing 
of  any  pavement,  side  or  cross  walk,  which  is  or  may  be  making 
under  the  authority  of  the  Borough  President,  or  who  shall  hinder 
or  obstruct  any  person  employed  by  The  City  of  New  York  in 
making  or  repairing  any  public  improvement  or  work  ordered  by 
The  City  of  New  York,  shall,  for  every  offense,  forfeit  and  pay  a 
fine  of  not  less  than  $5  nor  more  than  $50,  in  the  discretion  of  the 
magistrate  convicting. 

Sec.  7.  It  shall  not  be  lawful  for  any  gas  company  or  for  any 
person  to  la'y  any  gas  main  or  other  pipe,  in  any  road,  avenue,  street 
or  public  place  in  that  section  of  The  City  of  Xew  York  formerly 
known  as  the  Village  of  Xew  Brighton,  or  to  break  up  or  disturb 
tli.  ground  for  such  or  any  purpose,  unless  previously  authorized  by 
the  ! 'resident  of  the  Borough,  or  otherwise  than  in  conformity  with 
tlie  conditions  prescribed,  and  subject  to  any  restrictions  expressed 
or  imposed  in  and  by  any  such  resolution,  under  th„e  penalty  of  $30 
for  each  offense,  and  a  further  penalty  of  $10  for  each  and  every  day 
any  company  or  person  shall  neglect  or  omit  to  comply  in  all  re- 
spects with  the  requirements  of  any  order  of  the  Borough  President 
forbidding  the  prosecution  of  such  work  requiring  the  removal  from 
such  road,  avenue,  street  or  public  place,  of  any  main,  pipe  or  other 
encumbrance  placed  or  caused  to  be  placed  thereon  by  such  com- 
pany or  person,  the  filling  up  of  any  trench  dug  for  the  purpose  of 
laying  any  main  or  pipes,  and  the  restoring  of  the  ground  and  pave- 
ment of  any  such  road,  avenue,  street  or  public  place  to  the  like  order 
and  condition  the  same  was  in  immediately  prior  to  the  causing  the 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


same  to  be  disturbed,  and  in  case  of  the  refusel  or  neglect  to  comply 
with  all  the  requirements  of  any  such  last  mentioned  resolution,  with- 
in the  time  specified  after  the  service  of  a  copy  or  of  a  notice  upon 
the  president  or  secretary  of  the  company,  or  upon  any  person  doing 
such  work,  the  President  of  the  Borough  may.  at  any  time  thereafter, 
cause  all  or  any  part  of  such  work  to  be  done  at  the  expense  of  said 
person  or  persons,  who  shall  he  liable  therefor  to  The  City  of  New 
York  for  all  expenses  which  the}-,  the  Trustees,  may  incur  in  said 
company's  behalf,  together  with  such  aforesaid  penalties,  to  be  recov- 
ered with  costs  of  suit. 

Sec.  8.  It  shall  be  obligatory  upon  such  company  or  person  when 
laying  any  main  or  service,  or  other  pipe,  or  establishing  any  lamp- 
post in  any  road,  avenue,  street  or  public  place  in  that  section  of 
The  City  of  Xew  York  formerly  known  as  the  Village  of  Xew  Brigh- 
ton, to  perform  all  such  work  carefully,  workmanlike  and  substantial- 
ly disturbing  the  ground  and  the  pavement,  curb,  gutter  and  flagging, 
if  any.  no  further  than  may  be  actually  necessary  for  the  careful  per- 
formance of  any  such  work;  to  guard,  as  far  as  practicable,  against 
the  future  settling  of  the  ground,  pavement,  curb,  gutter  or  flagging 
above  any  such  main,  service  or  other  pipe,  or  around  such  lamp- 
post, or  reciting  from  the  digging  of  the  trench  thereof,  by  filling 
in.  around  and  above  such  main  or  service  pipe,  and  around  such 
lamp-post,  the  earth  dug  from  any  such  trench,  compactly  and  firmly, 
J:o  repair  all  damage  which  may  be  caused  to  any  such  road,  avenue, 
street  or  public  place,  or  to  any  pavement,  curb,  gutter  or  flagging, 
by  the  laying  of  such  main  or  service  pipe  or  the  establishing  such 
lamp-post,  and  to  restore  the  same  respectively  to  as  good  order  and 
condition  as  the  same  were  in  immediately  prior  to  their  commenc- 
ing any  such  work;  to  cause  all  such  work  to  be  performed  with  all 
reasonable  despatch,  and  in  such  manner  as  not  unnecessarily  to  in- 
commode the  neighborhood  or  the  public  and  to  promptly  conform 
to  all  such  directions  as  the  President  of  the  Borough  may  from 
time  to  time  give  in  their  behalf,  under  the  penalty  of  $10  for  every 
omission,  neglect,  refusal  or  delay;  and  in  a  case  of  any  such  omis- 
sion, neglect,  refusal  or  delay,  it  shall  be  lawful  for  the  President  of 
the  Borough  to  cause  any  such  work  to  be  done  at  the  expense  of 
said  company  or  persons  liable  therfor  to  The  City  of  Xew  York  for 
all  expen>e>  which  they  may  thereby  incur,  as  well  as  such  aforesaid 
penalties  specified  in  this  section,  to  be  recovered  with  costs  of  suit 
against  such  company. 

Sec.  <).  If  any  person  or  persons  shall  wilfully  and  maliciously 
injure,  damage  or  disturb  any  main,  service  or  other  pipe,  heretofore 
or  which  may  hereafter  be  laid  by  any  gas  company  or  persons  in 
that  section  of  The  City  of  Xew  York  formerly  known  as  the  Vil- 
lage of  Xew  Brighton,  for  the  purpose  of  supplying  the  same,  or  the 


338       ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


inhabitants  thereof,  or  any  part  or  portion  thereof  with  gas,  water 
or  drainage,  such  person  or  persons  shall  severally  forfeit  and  pay  to 
The  City  of  New  York  the  sum  of  $:>0  for  every  such  offense,  to  he 
recovered  with  costs  of  suit,  and  the  imposing,  recovery  or  payment 
of  such  penalty  or  penalties  shall  not,  in  any  wise,  impair  or  inter- 
fere with  any  claim  of  such  company  or  person,  against  any  per- 
son or  persons  guilty  of  any  such  act.  for  any  damages  which  said 
company  or  persons  may  sustain  therefrom. 

Sec.  10.  Any  person  who  shall  place  or  cause  to  be  placed  in  any 
of  the  streets,  alleys  or  public  squares  in  that  section  of  The  City  of 
Xew  York  formerly  known  as  the  Village  of  New  Brighton,  any 
building  materials,  or  any  heap  or  pile  of  earth,  stone  or  sand,  or  any 
obstruction  whatever,  or  who  shall  make,  or  cause  to  be  made,  any 
excavation  in  any  said  street,  alley  or  square,  shall,  during  every  night 
that  the  same  shall  continue,  cause  such  excavation  to  be  surrounded 
by  a  good  and  sufficient  barrier,  and  a  sufficient  light  or  lights  to  be 
maintained  near  such  obstruction  or  excavation,  for  the  protection  of 
travelers  and  passengers  from  damage  or  injury  by  the  reason  of  such 
obstruction  or  excavation,  under  a  penalty  of  $25  for  each  of- 
fense, and  the  like  penalty  for  every  night  during  which  the  same 
shall  be  continued. 

CHAPTER  2— PUBLIC  SAFETY  AND  ORDER. 
Article  1 — Nuisances. 

Sec.  11.  Any  person  or  persons  who  shall  make.  aid.  countenance 
or  assist  in  making  any  improper  noise,  riot  or  disturbance  in  the 
streets  or  elsewhere  in  that  section  of  The  City  of  New  York  formerly 
known  as  the  Village  of  Xew  Brighton  and  all  persons  who  shall  col- 
lect in  bodies  and  crowds  in  that  section  of  The  City  of  New  York 
formerly  known  as  the  Village  of  New  Brighton  for  unlawful  or  idle 
purposes,  to  the  annoyance  or  disturbance  of  the  citizens  or  travelers, 
shall,  for  each  offense,  forfeit  and  pay  a  line  of  not  less  than  Si.  nor 
exceeding  $50,  in  the  discretion  of  the  Magistrate  convicting. 

Sec.  12.  No  person  shall  wilfully  tear  down  or  deface  any  notice, 
handbill  or  ordinance  posted  up  in  the  former  Village  of  New  Brigh- 
ton, under  a  penalty  of  $10. 

Sec.  13.  Bathing  in  any  of  the  waters  within  the  limits  of  that 
section'  of  The  City  of  New  York  formerly  known  as  the  Village  of 
New  Brighton,  or  adjacent  thereto,  between  the  hours  of  7  o'clock 
in  the  morning  and  8  o'clock  in  the  evening,  unless  in  a  suitable  bath- 
ing dress  or  covering,  consisting  of  a  shirt  and  drawers,  is  hereby 
prohibited,  and  any  person  violating  this  ordinance  shall  pay  not  less 
than  $2  nor  more  than  $5  for  every  Mich  offense. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


PART  XIII. 

ORDINANCES  RELATING  TO  THAT  SECTION  OF  THE  CITY 
OF  NEW  YORK  FORMERLY  KNOWN  AS  THE  VILLAGE 
OF  EDGEWATER. 

C 1 1  ATT  E  R  1 — RA  1  LR  O  ADS. 
Article  1 — Blocking  Street  Crossings  and  Warning  Signals. 

Section  1.  No  railroad  company  or  incorporation  whose  track 
passes  through  or  within  the  limits  of  that  section  of  The  City  of 
New  York  formerly  known  as  the  Village;  of  Edgewater.  either  by 
themselves,  their  agent  or  agents,  person  or  persons  in  the  employ 
of  said  company,  shall  suffer  or  permit  any  train  of  cars  to  stop  on  or 
across  any  street,  lane  or  highway  in  that  section  of  New  York  City 
formerly  known  as  the  Village  of  Edgewater,  or  suffer  or  permit 
an}-  detached  car  or  cars  to  stand  on  or  across  any  such  street,  lane 
or  highway,  under  the  penalty  of  $25  for  each  offense. 

Sec.  2.  Every  railroad  company  or  corporation  whose  track 
passes  through  or  within  the  limits  of  that  section  of  The  City  of 
Xew  York  formerly  known  as  the  Village  of  Edgewater.  shall  em- 
ploy a  person  or  persons  to  give  notice  of  the  approach  of  any  cars 
or  locomotive  engines"  by  ringing  a  bell  at  said  crossing  and  closing 
a  swinging  bar  across  said  street  where  said  track  crosses,  and  also 
by  erecting  a  sign  over  said  crossing,  notifying  persons  of  the  danger 
of  crossing  the  track,  under  a  penalty  of  $20  for  each  day  such  pre- 
cautions are  omitted. 


PART  XIV. 

ORDINANCES    GENERALLY    AFFECTING   THE  BOROUGH 
OF  RICHMOND. 

CHAPTER  I— STREETS  AND  HIGHWAYS. 
Article  1 — Openings  of  Streets  and  Sewers. 

Section  1.  Xo  person  or  corporation  shall  open  or  excavate  any 
highway  or  place  any  encumbrance  thereupon,  or  open  any  public 
sewer  or  private  sewer  leading  into  a  public  sewer  or  any  private 
sewer  in  a  public  street,  or  cause  any  of  the  above  acts  to  be  per- 
formed in  the  Borough  of  Richmond  without  a  permit  issued  by  the 
President  of  the  Borough  of  his  duly  authorized  representative. 

Sec.  Application  for  Permit— Application  for  such  permit  must 
be  made  in  writing  to  the  President  of  the   Borough,    upon  blank 


340        ORDINANCES  OF  T!!K  CITY  OF  NEW  YORK. 

forms  to  be  furnished  by  him.  such  form  of  application  to  contain  a 
diagram  of  the  location  affected,  with  the  dimensions  of  street  sur- 
face to  be  disturbed. 

Sec.  3.  Time — Work  must  be  begun  within  twenty-four  (24) 
hours  from  the  time  of  issuance  of  the  permit,  and  be  prosecuted 
without  unnecessary  delay  to  completion. 

Sec.  4.  Refilling  Trenches — Excavations  in  public  street-  shall  be 
refilled  by  the  party  by  whom  such  excavation  was  made,  but  only 
under  the  supervision  and  at  all  times  in  the  presence  of  a  City  In- 
spector especially  assigned  to  the  work  by  the  Superintendent  of 
Highways,  whose  duty  shall  be  to  see  that  each  and  every  part  of  the 
idling  shall  be  placed  and  thoroughly  rammed  in  layers  of  not  more 
than  eight  (8)  inches  in  depth  up  to  the  level  of  the  bottom  of  the 
street  pavement.  The  said  pavement  shall  be  loosely  and  temporarily 
replaced  by  the  part)'  by  whom  the  excavation  has  been  made,  but 
in  such  manner  as  in  the  opinion  of  the  City  Inspector  .-hall  be  safe 
for  travel. 

Sec.  5.  Guarding — Any  trench  or  opening  or  encumbrance  upon 
the  highway  shall  at  all  times  be  properly  guarded  for  the  prevention 
of  accidents,  and  be  properly  lighted  at  night. 

Sec.  6.  Rock  Refills — Wherever  rock  is  excavated  not  more  than 
one  of  the  total  excavation  shall  be  refilled  with  the  broken  -tone, 
which  must  be  in  small  pieces,  and  replaced  in  Such  manner,  mingling 
with  clean  earth  or  sand,  as  to  insure  the  thorough  and  compact  filling 
of  all  spaces. 

Sec.  7.  Tunnelling — Tunnelling  under  crosswalks  and  railroad 
tracks  will  not  be  allowed  at  any  time.  The  bridge  stones  forming 
such  crosswalks  must  be  removed  and  placed  out  of  the  way  of  street 
traffic,  being  carefully  relaid  and  thoroughly  imbedded  when  the  work- 
is  completed. 

Sec.  8.  Extent  of  Street  Opening — At  the  intersectioiT  of  cross 
streets  not  more  than  one-half  of  the  width  of  the  street  shall  be 
opened  at  one  time;  the  other  half  shall  remain  untouched  for  the  ac- 
commodation of  traffic  until  the  first  half  is  restored  for  safe  use. 

Sec.  9.  Access  to  Hydrants  and  Mail  Boxes — All  work  shall  be 
so  prosecuted  as  not  to  interfere  with  easy  access  to  fire  hydrant-  and 
United  States  mail  boxes. 

Sec.  10.  Pavement  Restored  by  City — The  full  restoration  of  the 
pavement  shall  in  all  cases  be  made  by  employees  of  the  Bureau  of 
Highways  or  persons  having  contracts  with  the  City,  affecting  said 
pavement,  which  make  it  their  duty  to  restore  the  same. 

Sec.  11.  Inspection  Fee  for  Back  Filling  of  Trenches — The  fee 
for  the  inspection  of  the  back  filling  of  any  trench  in  a  City  street  or 
highway  shall  be  as  follows: 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK  341 

For  trenches  not  more  than  four  (4)  feet  in  depth,  or  more 

than  thirty  (80)  feet  in  length    $2  00> 

For  trenches  over  four  (4)  feet  and  under  nine  (9)  feet  in 

depth  and  not  more  than  thirty  (30)  feet  in  length    .  00 

For  trenches  over  nine  (9)  feet  and  under  sixteen  (16)  feet 

in  depth  nor  more  than  thirty  (30)  feet  in  length    4  0(> 


For  trenches    of    greater    dimensions    than    the  foregoing, 
special  charge. 

Sec.  12.  Sewer  Inspection  and  Fee — Every  sewer  connection 
shall  be  made  under  the  supervision  of  a  City  Inspector  of  Sewer 
Connections. 

The  fee  for  Mich  inspection  will  be  $3,  which  shall  be  deposited 
with  the  Department  of  Finance  and  credited  to  a  special  fund  en- 
titled "Sewer  Inspection  and  Repair,  Borough  of  Richmond." 

Sec.  13.  Fees,  Restoration  of  Pavements — Fees  for  the  restora- 
tion of  pavement  shall  be  as  follows,  for  areas  less  than  ten   I  10) 


square  yards: 

For  restoring  granite  or  other  blocks  or  bricks  on  concrete 

foundation,  per  square  yard    $2  50 

For  restoring  granite  or  other    blocks    or    brick    on  sand 

foundation,  per  square  yard    1  00 

For  sheet  asphalt  on  concrete  foundation,  per  square  yard..        3  00) 

For  macadam,  per  square  yard    SO 


For  areas  in  excess  of  ten  (10)  square  yards,  special,  as  may  be 
determined  by  the  President  of  the  Borough  or  his  representative. 

Sec.  14.     Computing  Area  of  Work — The  area  of  surface 
repaved  shall,  in  all  cases,  be  computed  by  the  President  of  the 
ough  or  -his  representative,  from  the  diagram  in  the  application,  as 
verified  or  corrected  by  comparison  with  the  maps  and  records 
file. 

Sec.  15.  Uses  of  Moneys  Paid — All  fees  for  inspection  and  for 
restoration  of  pavements  must  be  paid  by  the  applicant  in  cash  tp  i 
the  issuing  of  the  permit,  and  a  receipt  shall  be  given  therefor.  Regu- 
lar return  of  the  money  shall  be  made  to  the  Comptroller  of  The  City 
of  New  York,  who  shall  credit  it  to  the  special  fund  for  "Rest,  ring 
and  Repaying  Streets  in  the  Borough  of  Richmond." 

Sec.  16.  Special  Uses  of  Streets  and  Charges — For  special  uses 
of  the  streets,  permits  may  be  issued  and  the  President  of  the  Bor- 
ough or  his  representative  ma}-  require  therefor  as  security.  dep<  sits 
such  sum  or  sums  as  may  seem  to  him  fair  and  just  such  mom;  - 
be  deposited  with  Finance  Department,  to  be  drawn  upon  by  the 
Comptroller  upon  order  of  the  President  of  the  Borough  after  proper 
completion  of  the  work,  payable  to  the  party  taking  out  the  original 


342        ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


permit,  either  in  full  or  to  the  amount  of  such  balance  as  may  be 
left,  if  it  shall  be  found  necessary  to  use  said  deposit  for  purpose  of 
repairing  damages.  In  the  latter  event  the  amount  retained  shall 
Ik  credited  to  the  fund  drawn  upon  for  making  the  repairs. 

In  general.  Mich  deposits  shall  be  similar  to  the  following:  No 
permit  shall  be  given  for  over  ninety  (00)  days  without  formal  ex- 
tension. 

Placing  building  material  on  highway    $.">  00 

.Moving  one  (  1  )  story  building  over  highway    10  00 

Moving  building  larger  than  one  (1)  story  over  highway   2">  00 

Moving  steam  roller  over  highway   2~>  00 


See.  17.  Consent  of  Corporation.- — The  applicant  for  a  oermit  to 
move  a  building  on  or  across  Streets  where  there  are  car  tracks  or 
overhead  wire  construction  must  obtain  and  hie  with  the  application 
"the  consent  of  the  company  affected. 

Sec.  is.  Gutters  Clear — Storage  of  building  or  other  material  on 
•the  streets  will  only  be  permitted  on  express  condition  that  the  gut- 
ters to  the  full  width  of  three  (3)  feet  shall  be  kept  absolutely  clear 
--and  free  for  the  passage  of  water;  such  storage  shall  he  limited  to 
the  frontage  of  the  property  mentioned  in  the  application  and  to  one- 
third  of  the  width  of  the  street. 

Sec.  10.  Sidewalks  Protected — where  any  heavy  teaming  i>  neces- 
sary across  sidewalks,  either  the  flagstones  shall  be  removed  and  a 
-clean  dry  walk  maintained,  or  the  crossing  shall  be  so  thoroughly  pro- 
tected with  heavy  planking  as  to  prevent  injury  thereto  and  present 
no  obstruction  to  the  safe  use  of  the  same  by  pedestrians. 

Sec.  2<).  Non-interference  with  Traffic,  etc. — Ail  work  to  be  done 
must  be  carried  on  in  such  manner  as  not  to  unnecessarily  interrupt 
business  on  the  street-,  or  in  any  way  interfere  with  existing  sewers, 
piping,  subways;  tracks  or  other  public  conveniences  or  utilities  al- 
ready laid  under  authority. 

Sec.  2\.  Snow  Removal — The  person  or  corporation  to  whom  a 
permit  for  street  opening  is  granted  must  remo\  e  within  twenty-foul 
hours  all  snow  and  ice  that  ma}'  fall  or  form  upon  the  street  within 
feet  upon  either  side  of  the  opening  and  keep  the  space  free  from 
.snow  and  ice  until  the  opening  is  properly  refilled. 

Sec.  22.  Competent  Men — All  work  must  be  carried  out  by  men 
-competent  and  skilled  in  their  respective  duties,  and  full  compliance 
must  be  given  to  all  laws  affecting  the  work  or  the  employment  of 
labor. 

Sec.  2'.',.  Penalties — Failure  to  comply  with  any  of  the  conditions 
of  this  ordinance  by  any  person  or  corporation,  or  failure  to  perform 
any  of  the  above  acts  in  the  manner  prescribed  and  directed  by  the 
.President  of  the  Borough,  or  his  Inspectors  or  other  duly  appointed 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  345 


agents,  will  be  punishable  by  the  revocation  of  the  permit  for  such- 
work,  the  refusal  to  issue  further  permits  to  the  offending  party  for* 
any  purpose  whatever  for  a  period  not  exceeding  six  months,  or  for- 
feiture of  the  temporary  security  deposits,  or  any  or  all  of  these  pen- 
alties. 

Article  2 — Widths  of  Sidewalks. 

Sec.  24.  In  carrying  out  street  improvements  in  the  Borough  <>jF 
Richmond,  where  the  regulation  of  sidewalks  and  curbing  is  affected,, 
in  all  new  streets  and  in  old  ones,  where  possible,  unless  serious  diffi- 
culties interfere,  to  be  then  determined  by  the  President  of  tti<  Bor- 
ough.  the  sidewalks  between  street  lines  and  curbs  shall  be  of  widths- 
as  follows: 

A — Where  street  is  less  than  forty  (40)  feet  wide— to  be 


determined  by  the  President  of  the  Borough,  as 
each  special  case  may  require    Special 

B — Where  street  is  fort}-  (40)  feet  wide  and  less  than  fifty 

(50)     10  feet 

C — Where  street  is  fifty  (50)  feet  wide  and  less  than  sixty 

(60)    12V2  feet 

D — Where  street  is  sixty  (60)  feet  wide  and  less  than  seven- 
ty  (70)    15  feet 

E — Where  street  is  seventy  (70)  feet  wide  and  less  than 

eighty  (80)   1TV2  feetr 

F — Where  street  is  eighty  (80)  feet  wide  and  less  than  one 

hundred   (100)   20  feet 

G — Where  street  is  one  hundred  (100)  feet  wide  and  over.    25  feet 


Sec.  25.  For  all  new  sidewalk  pavement  the  footway  shall  be- 
not  less  than  live  (5)  feet  in  width,  with  either  flagstones  or  artificial 
stone,  in  full  accordance  with  or  better  than  called  for  in  the  standard! 
specifications  for  this  work,  on  file  in  the  office  of  the  Presiden:  of  tin- 
Borough  of  Richmond. 

Sec.  26.  All  sidewalks  shall  be  laid  on  a  grade  rising  from  top  o£ 
the  curb,  one-half  (1-2)  of  an  inch  to  each  foot,  where  only  one  five 
(5)  foot  width  of  pavement  is  laid:  and  of  one-third  (1-3)  of  an  inch 
where  the  whole  sidewalk  width  is  to  be  paved. 


PART  XV. 

MISCELLANEOUS    ORDINANCES    AFFECTING    THE  BOR- 
OUGHS OF  QUEENS,  RICHMOND  AND  THE  BRONX. 

C 1 1 A  PT  ER  1— Ml  SCELLANEOUS. 
Article  1 — Publication  of  Session  Laws  in  the  Boroughs  of  Queens 

and  Richmond. 

Section  1.    The  compensation  for  publication  of  the  Session  Laws 


ORDINANCES  OK  THE  CITY  OF  NEW  YORK. 

in  the  Counties  of  Queens  and  Richmond  is  herein  fixed  at  the  rate 
of  50  cents  per  folio. 

Article  2 — Fees  for  Certain  Sewer  Connections  in  the  Borough  of 

The  Bronx. 

Sec.  2.  All  plumbing  contractors  performing  work  on  any  muni- 
cipal or  public  buildings  in  the  Borough  of  the  Bronx,  in  The  City 
of  Xew  York,  shall  be  exempt  from  charge  of  lees  by  the  Borough 
President  or  Commissioner  of  Public  Works  for  connecting  into  any 
public  sewer  or  sewers  in  any  street,  alley,  or  highway,  except  a 
nominal  charge  of  $10  for  each  such  municipal  or  public  building 
owned  by  The  City  of  Xew  York,  provided,  however,  that  this  resolu- 
tion shall  not  affect  any  existing  contract. 

PART  XVI. 
Penalty  for  Violations. 

\\  herever  in  the  foregoing  ordinances  no  specific  penalty  is  pro- 
vided tor  the  violation  of  any  such  ordinance,  the  penalty  for  the  vio- 
lation thereof  shall  be  the  sum  of  ten  dollars  ($10). 
IN"  THE  BOARD  OF  ALDERMEN: 

An  Ordinance  to  amend  section  449  of  the  City  Ordinances 
adopted  October  30;  1906,  and  approved  November  8,  1906,  relat- 
ing to  the  Rules  of  the  Road. 

Be  it  Ordained,  by  the  Board  of  Aldermen  of  The  City  of 
Xew  York  as  follows: 

Sec.  1.  Sec.  4-19  of  the  City  Ordinance  adopted  October  iJO.  190(1, 
•ami  approved  November  s.  1906,  is  hereby  amended  so  as  to  read  as 
follows : 

Sec.  449.  Right  of  W  ay  of  Certain  Vehicles— The  Officers  and 
men  of  the  Fife  Department  and  Fire  Patrol,  with  their  tire  apparatus 
of  all  kinds,  when  going  to.  or  on  duty  at,  or  returning  from  a  fire, 
-and  all  ambulances,  whether  of  public  or  private  character,  and  all 
other  vehicles  when  employed  in  carrying  sick  or  injured  persons  to 
hospitals  or  other  places  for  relief  or  treatment,  and  the  Officers  and 
men  and  vehicles  of  the  Police  Department,  and  all  physicians  who 
have  a  Police  permit  (as  hereinafter  provided),  shall  have  the  right 
of  way  in  anj'  street  and  through  any  procession,  except  over  vehicles 
carrying  the  United  States  mail.  The  Police  Department  is  hereby 
empowered  to  issue,  upon  application  therefor,  a  permit  for  such 
-right  of  way  to  any  duly  registered  physician,  which  permit  shall  not 
l>e  transferable. 

Sec.  :J.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen.  December  4.  1906,  a  ma- 
jority of  all  the  members  elected  voting  in  favor  thereof. 
Approved  by  the  Mayor,  December  11.  1906. 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


4S 


AMENDMENTS  TO  CODE 

FROM  JANUARY  /.  1906  TO  JANUARY  1,  1908 


In  relation  to  vehicular  traffic  on  the  Ocean  parkway,  m  the 
Borough  of  Brooklyn. 

Section  1.  Hereafter  it  shall  be  unlawful  to  drive  any  vehicle 
oVer  the  easterly  side  road  or  bridle  road  of  the  Ocean  parkway, 
between  Prospect  Park  and  the  Cone}'  Island  Concourse,  except  as 
it  may  be  necessary  to  cart  or  convey  supplies  to  the  residences 
along  s?.id  easterly  side  road,  or  in  case  of  buildings  being  erected 
fronting  on  said  side  road,  when  it  shall  be  lawful  to  cart  building 
materials  thereon.  In  all  cases,  however,  vehicles  must  enter  said 
side  road  from  the  street  nearest  to  said  residence  or  house  in  course 
of  construction,  and  must  leave  the  same  at  the  next  following  in- 
tersecting street. 

Sec.  2.  Any  person  who  violates  the  provisions  of  this  ordi- 
nance shall  be  liable  to  a  penalty  of  $5  for  each  and  every  offense. 

Sec.  3.  All  ordinances  or  parts  of  ordinances  of  the  municipal 
and  public  corporations  consolidated  into  The  City  of  Xew  York 
inconsistent  or  conflicting  with  the  provisions  of  this  ordinance  are 
hereby  repealed. 

.Adopted  by  the  Board  of  Aldermen,  February  14,  1906. 

Received  from  his  Honor  the  Mayor,  February  28,  1906,  with- 
out his  approval  or  disapproval. 

No.  162. 

Whereas,  By  ordinances  heretofore  adopted  by  the  Board  of 
Aldermen  of  The  City  of  New  York,  the  use  of  certain  parkways 
in  said  City  by  business  vehicles  has  been  regulated;  and 

Whereas,  By  chapter  494  of  the  Laws  of  1905.  West  End  avenue, 
north  of  Seventieth  street,  in  the  Borough  of  Manhattan,  in  said 
City  of  Xew  York,  was  placed  under  the  jurisdiction  and  control 
of  the  Department  of  Parks  of  The  City  of  Xew  York,  and  made 
a  parkway,  and  it  is  desirable  that  the  said  rules  regulating  the  u^e 
of  parkways  be  extended  to  the  said  West  End  avenue. 

Xow  therefore  be  it  ordained,  that  the  delivery  of  supplies  to 
the  residents  of  West  End  avenue,  north  of  Seventieth  street,  in 
the  Borough  of  Manhattan,  in  The  City  of  Xew  York,  will  be  per- 
mitted in  the  forenoon:  but  no  business  vehicle  shall  enter  upon  or 
pass  over  said  parkway  after  the  hour  of  noon,  except  by  special 


346        ORDIXAXCKS  OK  THK  CITY  OF  NEW  YORK. 


permission  of  the  Commissioner  having  jurisdiction.  Tn  passing  over 
the.  said  parkway,  business  vehicles  must  go  direct  to  place  of  de- 
livery, must  leave  the  said  parkway  without  unnecessary  delay  and 
"by  the  shortest  route — the  place  of  entry,  if  possible.  Said  park- 
ways must  not  be  used  to  enable  business  vehicles  to  reach  places 
-exterior  to  them. 

Adopted  by  the  Board  of  Aldermen.  March  6,  1906. 

Received  from  his  Honor,  the  Mayor.  March  20.  1006.  with- 
out his  approval  or  disapproval. 

No.  180. 

Governing  sidewalk  widths  in  the  Borough  of  Queens. 

Section  1.  In  carrying  out  street  improvements  in  the  Borough 
of  Queens,  where  the  regulation  of  sidewalks  and  curbing  is  affected 
in  all  new  .streets  and  in  old  ones,  where  possible,  unless  serious 
difficulties  interfere,  to  be  then  determined  by  the  President  of  the 
borough,  the  sidewalks  between  street  lines  and  curbs  shall  be  of 
widths  as  follows: 

A — Where  street  is  less  than  fort}'  (40)  feet  wide,  to  be  de- 
termined by  the  President  of  the  Borough,  as  each  special  case  may 
require,  special. 

B — Where  street  is  forty  (40)  feet  wide  and  less  than  fifty  (50). 

10  feet. 

C — Where  street  is  fifty  (50)  feet  wide  and  less  than  sixty  (60), 
12.5  feet. 

D — Where  street  is  sixty  (60)  feet  wide  and  less  than  seventy 
<70).  15  feet.  _  < 

E — Where  street  is  seventy  (70)  feet  wide  and  less  than  eighty 
<8o),  17.5  ^et. 

Where  street  is  eighty  (80)  feet  wide  and  less  than  one  hundred 

<ioo),  20  feet. 

G — Where  street  is  one  hundred  (100)  feet  wide  and  over,  to 
be  determined  by  the  President  of  the  Borough  as  each  special  case 
may  require,  special. 

Sec.  2.  For  all  new  sidewalk  pavement,  the  footway  shall  be 
not  less  than  five  (5)  feet  in  width,  with  either  flagstone  or  artificial 
stone,  in  full  accordance  with  or  better  than  called  for  in  the  standard 
specification  for  this  work,  on  file  in  the  office  of  the  President  of 
the  Borough  of  Queens. 

Sec.  3.  All  sidewalks  shall  be  laid  on  a  grade  rising  from  top 
of  the  curb,  one-half  of  an  inch  to  each  foot,  where  only  one 

five  (5)  foot  width  of  pavement  is  laid;  and  of  one-third  (1-3)  of  an 
inch  where  the  whole  sidewalk  width  is  to  be  paved. 


ORDINANCES  OF  THE  CITY  OF  \K\V  YORK.  347 


Sec.  4.  All  ordinances,  or  parts  thereof,  now  in  effect  con- 
flicting with  these,  arc  hereby  repealed. 

Sec.  5.     This  ordinance  shall  take  effect  immediately. 
Adopted  by  the  Board  of  Aldermen.  March  jo,  1006. 
Approved  by  the  Mayor,  March  27,  1006. 

No.  238. 

Governing  connections  with  sewers,  certain  uses  of  the  public 
streets,  and  the  making  of  openings  in  pavements  and  the  restora- 
tion thereof  in  the  Borough  of  Richmond. 

Section  1.  Section  13  of  an  ordinance  governing  connections 
with  sewers,  certain  uses  of  the  public  streets,  and  the  making  of 
openings  in  pavements  and  the  restoration  thereof  in  the  Borough 
of  Richmond,  approved  July  27,  1903,  is  hereby  amended  so  as  to> 
read  as  follows: 

Section  13.    Fees,  restoration  of  pavements. 

Fees  for  the  restoration  of  pavement  shall  be  as  follows,  for 
areas  less  than  ten  (10)  square  yards: 

For  restoring  granite  or  other  blocks  or  brick  oil  concrete 

foundation,  per  square  yard    $3  00 

For   restoring   granite   or   other   blocks   or   brick   on  sand' 

foundation,  per  square  yard    1  00 

For  sheet  asphalt  on  concrete  foundation,  per  s< [iiare  yard..  3  oo> 
For  macadam,  per  square  yard    80 

For  areas  in  excess  of  ten  (10)  square  yards,  special,  as  may  bo 
determined  by  the  President  of  the  Borough  or  his  representative^ 

Sec.  2.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  April  10.  1906. 

Approved  by  the  Mayor,  April  17.  1906. 

No.  239. 

Extending  the  application  of  sections  312,  313  and  314  of  the 
Revised  Ordinances  of  1897  to  all  the  boroughs  of  The  City  of 
New  York. 

Section  1.  Sections  312,  313  and  314  of  the  Revised  Ordinances 
of  The  City  of  New  York  are  hereby  re-enacted  and  made  applicable 
to  all  of  the  boroughs  of  The  City  of  New  York  in  all  reaped  > 
save  that  covered  by  section  2  of  this  ordinance. 

Sec.  2.  Section  313  of  the  Revised  Ordinances  is  hereby  amended 
by  striking  out  the  words  "the  Commissioner  of  Public  Works  .,t. 
tlie  end  of  the  first  sentence  thereof  and  by  inserting  in  lieu  thereof 
the  following  words,  viz.:  "the  President  of  the  Borough  in  which 
the  work  is  to  be  done." 


348        ORDINANCES  OK  THE  CITY  OF  NEW  YORK. 

Bee.  3.    This  ordinance  shall  take  effect  immediately. 
Adopted  by  the  Board  of  Aldermen,  April  10,  1906. 
Approved  by  the  Mayor.  April  17,  1906. 

No.  286. 

Amending  section  14  of  Article  I.  of  "An  Ordinance  in  Relation  to 
the  Rules  of  the  Road." 

Section  1.  Section  14  of  Article  I.  of  "An  Ordinance  in  Re- 
lation to  the  Rules  of  the  Road,"  approved  and  signed  by  the  Mayor 
"December   14.   1903,  is  hereby  further  amended   so  as   to   read  as 

follows : 

Sec.  14.  Surface  Cars  Taking  On  or  Discharging  Passengers — ■ 
Surface  cars  shall  stop  on  the  far  side  of  the  street  at  the  cross- 
walk to  discharge  or  take  on  passengers,  excepting  that  the  surface 
cars  operated  on  Eighth  avenue,  in  the  Borough  of  Manhattan,  shall 
stop  both  on  the  near  and  far  side  of  the  street  at  the  intersection 
of  West  One  Hundred  and  Thirty-fifth  street  with  said  avenue. 

S   \  -\    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  April  17,  1906. 

Approved  by  the  Mayor,  April  27,  1906. 

Xo.  291. 

Amending  section  721  of  the  Revised  Ordinances  of  The  City  of 
New  York  of  1897,  relating  to  the  use  of  firearms. 

Section  1.  Section  721  of  the  Revised  Ordinances  of  the  City 
of  Xew  York  of  1897,  relating  to  the  firing  of  firearms,  hereby  is 
amended  so  as  to  read  as  follows: 

Sec.  72J.  No  person  shall  fire  off  or  discharge  any  gun,  pistol, 
fowling  piece  or  other  firearm  in  The  City  of  Xew  York,  under  a 
penalty  of  ten  dollars  for  each  offense.  The  provisions  of  this  sec- 
tion shall  not  apply  to  Washington  Park,  Hamilton  Park,  Bender's 
Schutzen  Park.  Bellevue  Garden,  Harlem  River  Park,  Christ's  Park, 
Kuntz's  Elm  Park,  National  Park,  Karl  Park.  Hudson  River  Park, 
Brien's  I  ndercliff  Park,  High  Bridge;  the  dock  at  the  foot  of  One 
Hundred  and  Fifty-fifth  street.  North  river;  the  land  lying  between 
One  Hundred  and  Sixty-eighth  street,  the  Hudson  river,  One  Hun- 
dred and  Seventy-second  street  and  the  Kingsbridge  road,  while 
said  property  is  used  for  the  purpose  of  a  rifle  range  by  the  Fort 
Washington  Rifle  Club,  and  no  longer:  Manhattan  Park,  situated  in 
One  Hundred  and  Fifty-fifth  street,  two  hundred  feet  west  of  Eighth 
avenue;  Cosmopolitan  Park,  located  on  One  Hundred  and  Sixty- 
ninth  street  and  Tenth  avenue,  near  High  Bridge;  Zeltner's  Park, 
located  at  the  northeast  corner  of  Third  avenue  and  One  Hundred 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


349 


and  Seventieth  street;  St.  Nicholas  Park,  located  on  One  Hundred 
and  Fifty-fifth  street,  between  Eighth  and  Columbus  avenues;  Fort 
George  Park,  located  on  Amsterdam  avenue,  west  side,  between  One 
Hundred  and  Ninety-fourth  and  One  Hundred  and  Ninety-seventh 
streets;  Rifle  Range,  located  on  the  east  side  of  Amsterdam  avenue 
between  One  Hundred  and  Eighty-seventh  and  One  Hundred  and 
Eighty-eighth  streets;  Manhattan  Field,  on  Eighth  avenue,  from 
One  Hundred  and  Fifty-fifth  to  One  Hundred  and  Fifty-seventh 
street-:  the  premises  of  Tony  Eiser,  on  the  northeast  corner  of  One 
Hundred  and  Eighty-fifth  street  and  Amsterdam  avenue;  the  Berke- 
ley Oval,  on  Burn  side  avenue,  between  Sedgwick  avenue  and  Ma- 
comb's Dam  road:  the  premises  of  Henry  Martens,  No.  1151  Sreb- 
bins  avenue,  known  as  Pioneer  Park;  the  premises  of  Theobald  Noll 
(Morrisania  Schuetzen  Park),  No.  1390  Boston  avenue;  the  premises 
of  Morris  Dietsch,  situated  on  the  East  River,  adjoining  the  premises 
of  the  Oak  Point  Yacht  Club,  in  the  Twenty-third  Ward;  the  grounds 
of  the  Columbia  College  Gun  Club  at  Williamsbridge ;  the  premises 
of  the  Washington  Heights  Club,  One  Hundred  and  Fifty-second 
street  and  Amsterdam  avenue;  the  premises  of  the  Country  Club 
of  Westchester  County,  situated  on  Eastchester  Bay,  in  the  late 
T<»wn  of  Westchester,  now  New  York  City;  the  grounds  of  Mrs. 
M.  W.  Ditmar,  in  Bay  Chester;  the  grounds  of  the  Kingsbridge  Gun 
Club;  the  premises  at  the  corner  of  Willow  avenue  and  One  Hun- 
dred and  Twenty-ninth  street,  in  The  City  of  New  York;  the  grounds 
of  the  Melrose  Shooting  Club,  at  the  end  of  Beretto's  Point;  the 
grounds  of  Frank  Strassburg.  Broadway  and  Myers  road,  Van  Cort- 
landt.  New  York  City;  the  premises  of  Frederick  Lohbauer,  known 
as  Bay  View  Park,  Pelham  Bay,  Throgg's  Neck,  Westchester,  in 
The  City  of  New  York;  the  premises  known  as  Nunley's  Railroad 
Hotel  and  Casino,  on  Seaside  Boulevard,  South  Beach,  Staten  Island; 
the  premises  of  David  Crabb.  Linoleumville,  Staten  Island;  Madison 
Square  Garden,  New  York  City;  the  grounds  occupied  by  the  Transit 
Rod  and  Gun  Club,  located  near  Lafayette  avenue  and  the  Bronx 
river;  the  premises  known  as  Manhattan  Casino  Park,  situate  on  the 
north  side  of  One  Hundred  and  Fifty-fourth  street,  between  Eighth 
avenue  and  Central  avenue,  in  the  Borough  of  Manhattan;  the 
premises  of  the  Craig  Lea  Rod  and  Gun  Club,  Pelham  Bay,  Bronx 
Borough;  grounds  Fox  Hills  Gun  Club,  Vanderbilt  avenue.  Clifton, 
Fourth  Ward,  Richmond  Borough;  the  grounds  occupied  by  James 
A.  !!enderson,  on  the  westerly  side  of  Pelham  Bay,  fifteen  hundred 
feet  southerly  of  the  New  Road  Dock;  the  grounds  of  D.  J.  Mac- 
Leod, known  as  Greenfield  Park,  on  Coney  Island  avenue  and  Ave- 
nue L,  in  the  Thirty-first  Ward,  in  the  Borough  of  Brooklyn. 

Sec.  2.  The  provisions  of  this  ordinance  permitting  the  dis- 
charge ui  firearms  on  certain  grounds  and  places  shall  apply  with 


1 


350        ORDINANCES  OF  THE  CITY  OF  NEW  York. 

equal  t*<»rco  to  all  the  grounds  and  places  named  in  section  1  hereof, 
in  whatsoever  borough  situated. 

Sec.  3!  All  ordinances  »>r  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 

Sec.  4.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen.  April  J4.  1906. 

Approved  by  the  Mayor.  May  i,  njo6. 

No.  314. 

Amending  section  105  of  the  Ordinance  of  The  City  of  New  York, 
known  as  the  Building  Code. 

Section  I.  Section  105  of  the  ordinance  known  as  the  Building 
Code  is  hereby  amended  so  as  to  read  as  follows: 

Every  building  hereafter  erected  or  altered,  to  be  used  as  a 
hotel,  lodging  house,  school,  theatre,  jail,  police  station,  hospital, 
asylum,  institution  for  the  care  or  treatment  of  persons,  the  height 
of  which  exceeds  thirty-six  feet  six  inches,  excepting  all  buildings 
for  which  specifications  and  plans  have  been  heretofore  submitted 
to  and  approved  by  the  Departmenl  of  Buildings,  and  every  other 
building  the  height  of  which  exceeds  seventy-five  feet,  except  as 
herein  otherwise  provided,  shall  be  built  fireproof;  that  is  to  say — ■ 

They  shall  be  constructed  with  walls  of  brick,  stone.  Portland 
cement  concrete,  iron  or  steel,  in  which  wood  beams  or  lintels  shall 
not  be  placed,  and  in  which  the  floors  and  roofs  shall  be  of  materials 
provided  for  in  .section   106  of  this  Code. 

The  stairs  and  staircase  landing  shall  be  built  entirely  of  brick, 
Stone,  Portland  cement  concrete,  iron  <>r  steel. 

No  woodwork  or  other  inflammable  material  shall  be  used  in 
any  of  the  partitions,  furrings  or  ceilings  in  any  such  fireproof 
buildings,  excepting,  however,  that  when  the  height  of  the  buildings 
does  not  exceed  twelve  stories  nor  more  than  one  hundred  and  fifty 
feet,  the  doors  and  window-  and  their  frames,  the  trims,  the  casings, 
the  interior  finish  when  filled  solid  at  the  back  with  fireproof  ma- 
terial, and  the  tloor  boards  and  sleeper-  directly  thereunder,  may 
be  of  wood,  but  the  space  between  the  sleepers  shall  be  solidly  filled 
with  fireproof  materials  and  extend  up  to  the  under  side  of  the  floor 
boards. 

When  the  height  of  a  fireproof  building  exceeds  twelve  stories,  or 
more  than  one  hundred  and  fifty  feet,  the  floor  surfaces  shall  be  of 
stone,  cement,  rock  asphalt,  tiling  or  similar  incombustible  material, 
or  the  sleepers  and  floors  may  be  of  wood  treated  by  some  process 
approved  by  the  Board  of  Buildings,  to  render  the  same  fireproof. 
All  outside  window  frames  and  sash  shall  be  of  metal,  or  of  wood 
covered  with  metal,  the  inside  window  frames  and  sash,  doors,  trim 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


351 


and  other  interior  finish  may  be  of  wood  covered  with  metal,  or 
of  wood  treated  by  some  process  approved  by  the  Board  of  Build- 
ings to  render  the  same  fireproof. 

All  hall  partitions  or  permanent  partitions  between  rooms  in  fire- 
proof buildings  shall  be  built  of  fireproof  material  and  shall  not  be 
started  on  wood  sills,  nor  on  wooden  floor  boards,  but  be  built  upon 
the  fireproof  construction  of  the  floor  and  extend  to  the  fireproof 
beam  tilling  above. 

The  tops  of  all  door  and  window  openings  in  such  partitions  shall 
be  at  least  twelve  inches  below  the  ceiling  line. 

Sec.  2.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen.  May  I,  1906. 

Approved  by  the  Mayor,  May  8,  1906. 

No.  330. 

In  relation  to  the  Discharge  of  inflammable  or  explosive  gas  or  vapor 
into  sewers  or  drains,  either  public  or  private,  in  The  City  of 
New  York. 

Section  1.  No  connection  with  or  opening  into  any  sewer  or 
drain  in  The  City  of  New  York,  either  public  or  private,  shall  be 
used  for  the  conveyance  or  discharge,  directly  or  indirectly,  into 
said  sewer  or  drain,  of  any  volatile  inflammable  liquid,  gas  or  vapor, 
it  being  noted  that  a  volatile  inflammable  liquid  that  will  emit  an 
inflammable  vapor  at  a  temperature  below  one  hundred  and  sixty 
degrees  Fahrenheit. 

Sec  .2.  Every  owner  rind  occupant,  severally  and  respectively, 
of  any  premises  which  may  be  connected  with  a  sewer  or  drain, 
either  public  or  private,  who  shall  violate  any  of  the  provisions  of 
this  ordinance,  shall  be  subject  to  a  penalty  of  fifty  dollars  ($50) 
for  each  and  every  offense. 

Sec.  3.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  May  1,  1906. 

Approved  by  the  Mayor,  May  9.  1906. 

No.  372. 

Amending  an  ordinance  relating  to  the  use  of  firearms. 

Section  1.  The  ordinance  relating  to  the  firing  of  firearms  which 
was  adopted  April  24,  1906.  and  approved  May  1.  1906,  is  hereby 
amended  by  adding  to  the  end  of  section  1  thereof,  the  following 
words:  "The  grounds  of  the  Aquehonga  Gun  Club,  situated  on  the 
northerly  side  of  the  Mill  road,  about  five  hundred  feet  westerly  from 
the   \mboy  road,  Richmond  Valley,  Borough  of  Richmond." 


352        ORDINANCES  OF  Vfi%  CITY  OF  NEW  York. 

Sec.  2.    This  ordinance  shall  take  effect  immediately. 
Adopted  by  the  Board  of  Aldermeiv,  May  15.  1906. 
Approved  by  the  Mayor,  May  22,  1906. 

No.  430. 

Section  143,  Part  XXVII.  of  the  "Building  Code,"  relating  to  fire 

limits. 

Section  1.  Section  143,  Part  XXVII.,  of  the  Building  Code,  re- 
lating to  lire  limits,  so  far  as  the  same  applies  to  the  hirst  Ward, 
Borough  of  Queens,  is  hereby  amended  so  as  to  read  as  follows: 

On  the  north  by  a  line  one  hundred  t  100)  feet  north  of  the  north- 
erly >ide  of  Nott  avenue  to  a  point  one  hundred  (100)  feci  southeast 
of  the  southeasterly  side  of  Jackson  avenue;  thence  southwesterly 
along  Jackson  avenue  one  hundred  (  100)  feet  from  the  southeasterly 
side  thereof  to  a  point  ninety  (90)  feet  east  of  the  easterly  side  of  Van 
A  1st  avenue;  thence  southerly  ninety  (90)  feet  east  of  the  easterly 
side  of  Van  Alst  avenue  to  Xewlown  creek,  the  southerly  and  west- 
erly boundaries  to  remain  a.s  now  established. 

Sec.  2.  Ail  ordinances  or  parts  of  ordinances  inconsistent  or  con- 
flicting with  the  provisions  of  this  ordinance  are  hereby  repealed. 

Sec.  3.    This  ordinance  shall  lake  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  June  12,  1906. 

Received  from  his  Honor  the  Mayor,  June  26,  1906,  without  his 
approval  or  disapproval. 

No.  468. 

To  prevent  the  public  display  of  indecent  pictures  or  prints  as  ad- 
vertisements, tending  to  incite  to  acts  of  immorality  or  crime. 

Section  1.  Xo  person  shall  post,  paste,  print,  nail,  maintain  or 
display  upon  any  billboard,  fence,  building  frame  or  structure,  and 
in  any  manner  expose  to  public  view,  as  an  advertisement  of  any 
show,  play  or  performance,  any  indecent  print,  or  any  picture  or  cut, 
tending  to  represent  the  doing  of  a  criminal  act.  or  representing  in- 
decently the  limbs  or  any  part  of  the  human  body,  or  the  position  of 
persons  in  relation  to  each  other,  tending  to  deprave  the  morals  of  in- 
dividuals, or  shocking  to  the  sense  of  decency,  or  tending  to  incite 
the  mind  to  acts  of  immorality  or  crime,  or  to  familiarize  and  accus- 
tom the  minds  of  young  persons  with  the  same. 

Sec.  2.  Any  person  offending  against  any  of  the  foregoing  pro- 
visions of  this  ordinance  shall  be  punished  by  a  hue  of  no'1  less  than 
$10  nor  more  than  $100,  or  imprisonment  not  exceeding  ten  days;  each 
day  such  violation  shall  be  wilfully  maintained  or  continued  shall  be 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


353 


deemed  to  constitute  a  separate  offense  and  render  the  offender  liable 
to  additional  arrest  and  prosecution. 

Sec.  3.  The  ordinance  entitled  "An  ordinance  to  promote  public 
morality  in  The  City  of  New  York,"  adopted  October  17,  1905,  and 
approved  October  24.  1905.  is  hereby  repealed. 

Sec.  4.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen  June  19.  1906. 

Received  from  his  Honor  the  Acting  Mayor.  July  2,  1906,  with- 
out his  approval  or  disapproval. 

Xo.  486. 

Fixing  the  office  hours  of  all  public  offices  in  The  City  of  New  York. 

Section  1.  Section  t,  of  an  ordinance  adopted  by  the  Board  of 
Aldermen.  April  22.  1002.  and  approved  by  the  Mayor  April  29.  1902; 
is  hereby  amended  by  adding  thereto  the  words  following:  Provided, 
however,  that  during  the  months  of  July  and  August  all  public  offices 
in  The  City  of  New  York,  except  as  otherwise  provided,  shall  be 
closed  at  3  o'clock  p.  m..  except  on  Saturdays,  when  such  offices  shall 
be  closed  at  12  o'clock  noon,  and  further  provided  that  the  heads  of 
all  departments  may.  when  public  business  requires  it,  keep  the  said 
offices  open  after  3  o'clock." 

Sec.  2.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  June  26,  1906. 

Approved  by  the   Acting  Mayor.  July  3.  1906. 

No.  491. 

In  relation  to  the  discharge  of  inflammable  or  explosive  gas  or  vapor 
into  sewers  or  drains,  either  public  or  private,  in  The  City  of  New 

York. 

Section  1.  Xo  connection  with  or  opening  into  any  sewer  or 
drain  in  The  City  of  New  York,  either  public  or  private,  shall  be 
used  for  the  conveyance  or  discharge,  directly  or  indirectly,  into  said 
sewer  or  drain,  of  any  volatile  inflammable  liquid,  gas  or  vapor,  it 
being  noted  that  a  volatile  inflammable  liquid  in  any  liquid  that  will 
emit  an  inflammable  vapor  at  a  temperature  below  one  hundred  and 
sixty  degrees  Fahrenheit. 

Sec.  2.  Every  occupant  of  any  premises  which  may  be  connected 
with  a  sewer  or  drain,  public  or  private,  who  shall  use  or  permit  or 
allow  to  be  used  said  sewer  or  drain  for  such  purposes  as  hereinbe- 
fore specified  in  section  r,  and  every  owner  of  any  premises  who  shall 
use,  permit  or  allow  the  use  of  such  sewer  or  drain  for  such  purposes 
as  hereinbefore  specified  in  section  1.  and  every  owner  of  any  prem- 
ises who  shall  use.  permit  or  allow'  the  use  of  such  sewer  or  drain  for 
such  purposes  shall  be  deemed  to  have   violated  the  provisions  of 


i54        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


this  ordinance  and  be  guilty  of  misdemeanor,  and  shall  be  punished 
«pon  conviction  thereof  by  a  fine  of  fifty  dollars  ($50),  or  imprison- 
ment for  thirty  (30)  days. 

Sec.  3.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  June  26,  1906. 

Approved  by  the  Acting  Mayor,  July  6,  1906. 

No.  544. 

To  provide  for  the  removal  of  buildings  into,  along  or  across  any 
street,  lane  or  avenue,  or  any  public  place,  in  the  Borough  of 
The  Bronx,  in  The  City  of  New  York. 

No  person  shall  remove,  or  cause  or  permit  to  be  removed,  or 
shall  aid  or  assist  in  removing  any  building  into,  along  or  across  any 
street,  avenue,  lane,  alley  or  public  place  in  the  Borough  of  The 
Bronx,  City  of  New  York,  without  permission  of  the  President  of  said 
borough  under  the  penalty  of  two  hundred  and  fifty  dollars  ($250)  for 
each  offense. 

Adopted  by  the  Board  of  Aldermen,  July  31,  1906. 
Approved  by  the  Acting  Mayor,  August  10,  1906. 

No.  620. 

Amending  section  530  of  the  Revised  Ordinances  of  the  Mayor,  Al- 
dermen and  Commonalty  of  1897,  of  The  City  of  New  York. 

Section  1.  Section  530  of  the  Revised  Ordinances  of  the  Mayor, 
Aldermen  and  Commonalty  of  The  City  of  New  York  of  1897,  be  and 
is  hereby  amended  by  inserting  Sec.  530.  No  licensed  peddler,  ven- 
der, hawker  or  huckster  shall  be  allowed  to  cry  his  or  her  wares  with- 
in two  hundred  and  fifty  feet  of  any  school,  court-house,  church, 
building  in  which  religious  services  are  held  or  hospital  between  the 
hours  of  8  o'clock  a.  m.  and  4  o'clock  p.  m.  on  school  days;  or  stop 
or  remain  in  Nassau  street,  between  Spruce  and  Wall  streets;  or  in 
Chambers  street,  between  Broadway  and  Centre  street;  or  in  Fulton 
street,  between  Broadway  and  Pearl  street;  or  in  Avenue  A,  be- 
tween Houston  and  Seventh  streets;  Park  row,  from  New  Chambers 
to  Ann  street;  Centre  street,  from  New  Chambers  street  to  Park 
row,  and  Nassau  street,  from  Park  row  to  Ann  street,  from  8  o'clock 
a.  m.  to  6  o'clock  p.  m. 

Sec.  2.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  October  23,  1906. 

Approved  by  the  Mayor,  October  30,  1906. 

No.  668. 

Providing  for  the  removal  of  buildings  along  and  across  the  high- 
ways of  The  City  of  New  York. 

Section  1.    Section  269  of  the  Ordinances  of  The  City  of  New 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  355 


York,  adopted  October  30,  1906,  and  approved  November  8,  1906,  is 
hereby  amended  by  adding  thereto  at  the  end  thereof  the  following: 

"Such  permit  of  the  President  of  said  Borough  may  be  granted 
or  refused  by  him  in  his  discretion. 

"No  person  shall  remove  or  cause  or  permit  to  be  removed,  or 
shall  aid  or  assist  in  removing,  any  building  into,  along  or  across 
any  street,  avenue,  lane,  alley  or  public  place  in  The  City  of  New 
York  without  the  permit  of  the  President  of  the  Borough  in  which 
such  street,  avenue,  lane,  alley  or  public  place  may  be  situated,  under 
the  penalty  of  two  hundred  and  fifty  dollars  for  each  offense/* 

Sec.  2.    This  Ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen  November  20.  1906. 

Approved  by  the  Mayor  December  3,  1906. 

No.  6S4. 

Amending  section  449  of  the  City  Ordinances  adopted  October  30, 
1906,  and  approved  November  8,  1906,  relating  to  the  Rules  of 
the  Road. 

Section  1.  Section  449  of  the  City  Ordinances  adopted  October 
30,  1906,  and  approved  November  8,  1906,  is  hereby  amended  so  as  to 
read  as  follows: 

Sec.  449.  Right  of  Way  of  Certain  Vehicles — The  officers  and 
men  of  the  Fire  Department  and  Fire  Patrol,  with  their  fire  apparatus 
of  all  kinds,  when  going  to,  or  on  duty  at,  or  returning  from  a  fire, 
and  all  ambulances,  whether  of  public  or  private  character,  and  all 
other  vehicles  when  employed  in  carrying  sick  or  injured  persons  to 
hospitals  or  other  places  for  relief  or  treatment,  and  the  officers  and 
men  and  vehicles  of  the  Police  Department,  and  all  physicians  who 
have  a  Police  permit  (as  hereinafter  provided),  shall  have  the  right  of 
way  in  any  street  and  through  any  procession,  except  over  vehicles 
carrying  the  United  States  mail.  The  Police  Department  is  hereby 
empowered  to  issue,  upon  application  therefor,  a  permit  for  such  right 
of  way  to  any  duly  registered  physician,  which  permit  shall  not  be 
transferable. 

Sec.  2.  This  ordinance  shall  take  effect  immediately. 
Adopted  by  the  Board  of  Aldermen,  December  4.  1906. 
Approved  by  the  Mawor,  December  11,  1906. 

No.  60. 

To  minimize  danger  to  passengers  boarding  and  alighting  from 
railroad  cars  on  Broadway,  between  Fifty-ninth  and  Manhattan 
streets,  in  the  Borough  of  Manhattan. 

Section  1.  For  the  purpose  of  minimizing  danger  and  in  order 
that  passengers  may  more  conveniently  board  and  alight  from  the 


356        ORDINANCES  OF  THE  CITY  OK  \KW  YORK 


railroad  cars  operated  on  Broadway,  between  Fifty-ninth  and  Man- 
hattan streei>,  in  the  Borough  of  Manhattan,  the  railroad  company, 
or  companies,  operating  cars  on  said  thoroughfare  shall  require 
the  conductor  to  open  the  gate-  on  the  rear  end  of  each  and  every 
car  on  the  side  nearest  the  parkways  or  small  parks  in  the  centre 
of  said  Broadway. 

Sec.  2.  A  failure  on  the  part  of  the  company,  or  companies, 
open-ting  cars  on  said  Broadway,  or  on  the  part  of  the  employee 
or  eiTipkiyees  thereof,  to  comply  with  the  provisions  of  this  ordi- 
nance, shall  subject  the  company,  companies  or  other  persons  so 
offending  to  a  penality  of  twenty-live  dollars  for  each  and  every 
failure   so    to  do. 

Sec.  3.  All  ordinances  or  parts  of  ordinances  inconsistent  or 
conflicting  with  the  provisions  of  this  ordinance  are  hereby  re- 
pealed. 

Sec.  4.    This  ordinance  shall  take  effect  immediately. 
Adopted  by  the  Board  of  Aldermen,  February  26.  1007. 
Received  from  his  Honor  the  Mayor.  March   12,   1907,  without 
his  approval  or  disapproval. 

No.  111. 

Providing  for  the  conspicuous  numbering  of  buildings  in  the  Borough 
of  Manhattan,  City  of  New  York. 

Section  1.  The  owner  of  every  building  in  the  Borough  of  Man- 
hattan, City  of  New  York  upon  a  street  to  which  street  numbers 
have  been  assigned  shall  cause  the  streel  number  of  the  same  to 
be  plainly  and  legibly  displayed  in  such  manner  that  the  same  may 
be  seen  and  read  from  the  sidewalk  in  front  thereof. 

Sec.  2.  Any  person  violating  thi>  ordinance  shall  be  liable  to 
a  penalty  of  $25.  to  be  recovered  in  an  action  which  shall  be  brought 
by  the  Corporation  Counsel  after  giving  thirty  days'  written  notice 
to  the  owner  of  the  building  to  comply  with  the  ordinance.  Such 
notice  shall  be  given  by  depositing  the  same,  together  with  a  copy 
of  this  ordinance,  in  a  postpaid  wrapper  in  the  New  York  Post 
Office,  addressed  to  the  owner  of  the  building  at  the  building. 

Sec.  3.  It  shall  be  the  duty  of  the  Police  Department  to  re- 
port to  the  Corporation  Counsel  all  violations  of  this  ordinance 
ft  >rth  with. 

The  Corporation  Counsel  -hall  furnish  the  Police  Department 
with  duplicates  of  all  notices  sent  to  the  owners  of  buildings,  and 
it  shall  be  the  duty  of  the  Police  Department,  immediately  after 
the  expiration  of  thirty  days  from  the  date  of  said  notice,  to  re- 
port to  the  Corporation  Counsel  each  instance  of  non-compliance 
with   the  ordinance. 


)&DINANCES  OF  THE  CI  TV  OF  NEW  YORK.  :*57 


Sec   4.    This  ordinance  shall  take  effect  immediately. 
Adopted  by  the  Board  of  Aldermen.  March  19,  1907. 
Approved  by  the  Mayor.  March  27.  1907. 

Regulating  the  placing  of  electric  signs  in  The  City  of  New  York, 
and  providing  that  the  same  shall  be  licensed. 

Section  t.  Any  electric  letter,  word,  model,  sign,  device  or 
representation  in  the  nature  of  an  advertisement,  announcement  or 
direction  erected  at  right  angles  to  any  building  shall  be  deemed 
to  be  an  electric  sign. 

Sec.  2.  Electric  sign.-  may  be  hung  or  attached  at  right  angles 
to  buildings,  and  extend  not  to  exceed  six  feet  therefrom  in  said 
space,  and  to  be  ten  feet  clear  above  the  level  of  the  sidewalk  in 
front  of  such  building,  upon  the  payment  of  an  annual  license  fee 
of  10  cents  for  each  square  foot  of  sign  space  or  part  of  square  foot 
of  such  sign  space,  to  be  collected  by  the  City  Clerk  of  The  City 
of  New  York.  The  square  feet  of  sign  space  on  one  side  of  an 
electric  sign,  however,  shall  be  deemed  to  be  the  entire  number 
of  square  feet  of  sign  space  for  the  purpose  of  computing  the 
license  fee  herein  referred  to  and  required  to  be  paid. 

All  electric  signs  shall  be  constructed  entirely  of  metal,  in- 
cluding the  uprights,  supports  and  braces  for  the  same,  properly 
and  firmly  attached  to  the  building,  and  shall  be  so  constructed  as 
not  to  be  or  become  dangerous. 

Before  any  permit  is  issued  by  the  City  Clerk  plans  and  state- 
ments of  the  proposed  sign  and  method  of  attachment  to  the  build- 
ing must  be  hied  with  the  Superintendent  of  Buildings  having  juris- 
diction, as  provided  in  part  2,  section  4.  of  the  Building  Code,  and 
his  certificate  of  approval  be  obtained  as  to  the  sufficiency  of  the 
construction  and  method  of  attachment  to  the  building.  .  A  certifi- 
cate must  also  be  obtained  from  the  Department  of  Water  Supply, 
Gas  and  Electricity  certifying  that  the  proposed  electric  wiring 
and  electric  appliances  are  in  conformity  with  the  rules  and  regu- 
lations of  that  Department. 

Sec.  3.  Xo  certificate  shall  be  given  by  the  Superintendent  of 
Building.-,  and  no  permit  shall  be  issued  by  the  City  Clerk,  for  the 
erection  of  electric  sign  or  signs  on  any  building  when  such  build- 
ing adjoins  a  building  occupied  exclusively  as  a  private  residence., 
unless  the  written  consent  of  the  owner  or  owners  of  said  private 
residence  for  the  erection  of  such  electric  sign  be  first  obtained. 

Sec.  4.  No  electric  sign  shall  be  placed,  hung  or  maintained, 
except  as  in  this  ordinance  provided,  under  a  penalty  of  ten  dollars 
for  each  offense,  and  r  .'urtlier  penalty  of  ten  dollars  for  each  day 
or  part  of  a  day  the  same  shall  continue. 


358        ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


Sec.  5.     All  ordinances  or  parts  of  ordinances  inconsistent  or 
conflicting  with  the  provisions  of  this  ordinance  are  hereby  repealed. 
Sec.  6.    This  ordinance  shall  take  effect  immediately. 
Adopted  by  the  Board  of  Aldermen.  April  30.  1007. 
Approved  by  the  Mayor,  May  7.  1907. 

^T°-  376. 

In  relation  to  the  erection  of  warning  signs  to  preserve  the  peace 
and  quietude  of  persons  confined  in  hospitals  and  like  places  in 
The  City  of  New  York. 

Section  1.  The  several  Borough  President  are  hereby  author- 
ized to  erect,  within  their  discretion,  on  lamp-posts,  or,  in  the  absence 
of  lamp-posts,  on  such  posts  as  they  may  find  occasion  to  erect,  at 
corners  of  intersecting  streets,  avenues  or  thoroughfares  on  which 
may  be  located  a  hospital,  lying-in  asylum,  sanatorium  or  other  in- 
stitution reserved  for  the  treatment  of  the  sick,  a  sign  or  signs  dis- 
playing the  words  "Notice — Hospital  Street.*'  and  such  other  warn- 
ing or  admonition  to  pedestrians  and  drivers  to  refrain  from  making 
any  or  such  noises  or  fast  driving  as  may  tend  to  disturb  the  peace 
and  quietude  of  any  or  all  of  the  inmates  of  such  institution. 

Sec.  2.  Any  person  guilty  of  making  any  unnecessary  noise 
or  a  failure  to  drive  at  a  speed  not  faster  than  a  walk  on  any  of 
the  streets,  avenues-  or  thoroughfares  which  have  hereunder  been 
designated  as  "hospital  streets."  and  for  which  such  warning  signs 
as  described  in  the  preceding  section  have  been  erected,  shall,  upon 
conviction  thereof  by  a  City  Magistrate  or  upon  a  confession  of 
guilt,  be  fined  in  a  sum  not  exceeding  ten  dollars  ($10).  and  upon 
a  failure  to  pay  such  fine,  to  imprisonment  in  the  City  prison  for 
a  term  not  to  exceed  ten  days. 

Sec.  3.    This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  June  25.  T907. 

Approved  by  the  Mayor.  July  2,  1907. 

No.  620. 

Regulating  the  matters  provided  for  in  section  1481  of  the  Laws  oi 
1897,  as  amended  by  chapter  46b  of  the  Laws  of  1901,  known  ac 
the  Greater  New  York  Charter. 

Section  1481  being  one  of  the  sections  specified  under  the  tit *e 
'•The  Second  Schedule." 

"Section  to  remain  in  force  until  changed  by  the  Board  of  Al- 
dermen." 

Section  1.  Tt  shall  not  be  lawful  to  exhibit  on  the  first  day  of  the 
Week,  commonly  called  Sunday.  t<»  the  public,  in  any  building,  gar- 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK.  35» 


den,  grounds,  concert  room  or  other  room  or  place  within  The  City 
of  New  York,  the  performance  of  an}-  tragedy,  comedy,  opera,  ballet, 
farce,  negro  minstrelsy,  negro  or  other  dancing,  wrestling,  boxing 
.  with  or  without  gloves,  sparring  contest,  trial  of  strength,  or  any 
part  or  parts  therein,  or  any  circus,  equestrian  or  dramatic  perform- 
ance or  exercise,  or  any  performance  or  exercise  of  jugglers,  acro- 
bats, club  performances  or  rope  dancers.  Provided,  however,  that 
nothing  herein  contained  shall  be  deemed  to  prohibit  at  any  such 
place  or  places  on  the  first  day  of  the  week,  commonly  called  Sun- 
day, sacred  or  educational,  vocal  or  instrumental  concert-,  lectures, 
addresses,  recitations  and  singing,  provided  that  such  above  men- 
tioned entertainments  shall  be  given  in  such  manner  as  not  to  dis- 
turb the  public  peace,  or  amount  to  a  serious  interruption  of  the 
repose  and  religious  liberty  of  the  community.  Any  person  wil- 
fully offending  against  the  provisions  of  this  section,  and  every  per- 
son knowingly  aiding  in  such  exhibitions,  except  as  herein  pro- 
vided, by  advertisements  or  otherwise,  and  every  owner  or  lessee  of 
any  building,  part  of  a  building,  grounds,  garden  or  concert  room, 
or  other  room  or  place,  who  shall  lease  or  let  out  the  same  for  the 
purpose  of  any  such  exhibition  or  performance,  except  as  hereire 
provided,  or  assent  that  the  same  be  used  for  any  such  purpose, 
shall  be  subject  to  a  penalty  of  live  hundred  dollars,  which  penalty 
the  Corporation  Counsel  of  said  City  is  hereby  authorized,  in  the 
name  of  The  City  of  New  York,  to  prosecute,  sue  for  and  recover; 
and  on  the  recovery  of  a  judgment  for  the  penalty  herein  provided 
for  against  any  manager,  proprietor,  owner  or  lessee  consenting 
to  or  causing  or  allowing  or  letting  any  part  of  the  building  for 
the  purpose  of  any  exhibition  or  performance,  prohibited  by  this 
ordinance,  the  license  which  shall  have  been  previously  obtained 
by  such  manager,  proprietor,  owner  or  lessee  is  of  itself  vacated 
and  annulled. 

Sec.  2.    This  ordinance  shall  take  effect  immediately. 
Adopted  by  the  Board  of  Aldermen.  December  ^7-  I9Q7- 
Approved  by  the  Mayor.  December  19,  1007. 

No.  627. 

Amending  sections  277  and  280  of  the  Code  of  Ordinances  of  The 
City  of  New  York,  adopted  October  30,  1906,  and  approved 
November  8,  1906,  relating  to  Surveyors'  fees. 

Section  t.  Section  277  of  the  Code  of  Ordinances  of  The  City 
of  New  York,  adopted  October  30,  1006,  and  approved  November  8, 
1906,  hereby  is  amended  so  as  to  read  as  follows: 

Sec.  277.  The  City  Surveyors  employed  by  any  Borough  Presi- 
dent shall  receive  compensation  for  their  services  as  follows,  and 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK. 


no  Surveyor's  bill  shall  be  paid  unless  the  same  be  first  certified  l>y 
the  Borough  President  employing  him: 

For  a  preliminary  survey  in  regulating  a  street  or  avenue  or 
for  making  a  country  road,  for  the  first  line  of  levels  five  cents  per 
linear  foot,  measuring  through  the  centre  of  the  street,  avenue  or 
road,  and  for  each  additional  line  of  levels  one  and  one-half  cents 
per  linear  foot,  to  be  measured  in  the  same  manner. 

For  grading,  when  done  alone  eight  cents  per  linear  foot  meas- 
uring through  the  centre,  of  the  street  or  avenue. 

For  grading  and  setting  curb  and  gutter  when  done  under  the 
same  contract,  twelve  cents  per  linear  foot,  measuring  through  the 
centre  of  the  street  or  avenue. 

For  grading  and  setting  curb  and  gutter  and  flagging  or  pav- 
ing, when  done  under  the  same  contract,  fourteen  cents  per  linear 
foot,  measuring  through  the  centre  of  the  street  or  avenue. 

For  setting  curb  and  gutter  alone  four  cents  per  linear  foot 
along  the  line  of  the  work  done. 

For  setting  curb  and  gutter  ami  flagging  or  paving,  when  done 
under  the  same  contract,  but  not  in  connection  with  the  grading, 
twelve  cents  per  linear  foot,  measuring  through  the  centre  of  the 
street  or  avenue. 

For  flagging,  when  done  alone,  five  cents  per  linear  foot  along 
the  line  of  the  work  done. 

For  fencing,  including  preliminary  survey,  five  cents  per  linear 

loot 

For  making  a  country  road  fourteen  cents  per  linear  foot,  meas- 
uring through  the  centre  of  the  road. 

For  establishing  a  new  grade  line  one  and  one  half  cents  per 
linear  foot,  measuring  along  the  line. 

For  making  the  necessary  surveys  and  furnishing  all  necessary 
copies  of  damage  maps  in  street  opening  proceedings,  three  cents 
per  linear  foot,  measuring  along  the  exterior  line  of  the  street  or 
avenue,  and  along  all  interior  boundary  lines  of  each  parcel  included 
within  said  street  or  avenue  lines:  and  for  assessment  lists  and  maps 
for  street  openings  or  other  improvements,  three  cents  per  linear 
foot  of  map  front;  and  for  every  additional  copy  of  list  and  map 
required,  two  cents  per  linear  foot  of  ma])  front. 

A  Surveyor  employed  by  one  of  the  Borough  Presidents  to  make 
a  survey,  the  compensation  for  which  is  not  otherwise  provided, 
shall  receive  such  compensation  as  shall  be  agreed  upon  in  writing 
"between  the  Surveyor  and  said  Borough  President,  before  the  survey 
or  work  be  undertaken,  and  after  the  completion  of  the  said  survey 
or  work  the  Surveyor's  bill  shall  be  certified  by  the  Borough  Presi- 
dent in  accordance  with  the  terms  of  such  agreement. 


ORDINANCES  <  >F  THE  CITY  OF  XK\Y  YORK 


361 


Sec.  2.  Section  280  of  said  Code  of  Ordinances  hereby  is 
amended   so   as   to   read   as   follows : 

Sec.  280.  A  Surveyor  shall  he  entitled  to  receive  fifteen  dollars 
for  ever}-  certificate  for  payment  to  a  contractor  on  any  work  done 
by  contract  made  upon  public  advertising  and  letting,  which  shall  be 
paid  by  the  Borough  President  makii%  the  contract,  and  except  as 
herein  otherwise  provided,  no  Surveyor  shall  be  entitled  to  any  pay- 
ment for  a  certificate  to  a  contractor. 

The  amount  so  paid  for  a  certificate  shall  be  deducted  from  the 
payment  to  be  made  to  the  contractor  on  account  of  the  work  cer- 
tified to  be  done. 

Sec.  3.  All  ordinances  and  parts  of  ordinances  inconsistent  here- 
with hereby  are  repealed. 

Sec.  4.     This  ordinance  shall  take  effect  immediately. 

Adopted  by  the  Board  of  Aldermen,  December  jo.  1907. 

Received  from  his  Honor  the  Mayor,  December  31,  1907.  with- 
out his  approval  or  disapproval. 

No.  1203. 

Amending  sections  242,  248  and  249  of  Article  XIV.  of  the  Revised 
Ordinances  of  the  City  of  New  York  of  1897. 

Section  1.  Sections  242,  248  and  249  of  Article  XIV.  of  the 
Revised  Ordinances  of  The  City  of  New  York  of  1897,  in  relation 
to  "Flagging.  Curbing  and  Repairing  Sidewalks. "  are  hereby  amended 
so  as  to  read  as  follows: 

Sec.  242.  All  streets  in  the  (City  of  Xew  York)  Boroughs  of 
Manhatan  and  The  Bronx,  of  twenty-two  feet  in  width  and  upward, 
shall  have  sidewalks  on  each  side  thereof  laid  with  granite  or  blue- 
stone  flagging,  or  artificial  stone,  (not  less  than  three  inches  thick, 
and  not  less  than  two  feet  wide,  and  containing  a  superficial  area 
or  at  least  eight  square  feet.)  in  full  accordance  with  that  called 
for  in  the  standard  specifications  for  this  work  on  file  in  the  offices 
of  the  Presidents  of  the  Boroughs  of  Manhattan  and  The  Bronx. 

Sec.  248.  No  sidewalk  or  any  part  of  a  sidewalk  laid  with 
(brick  or  flagging)  granite  or  bluestone  flagging  or  artificial  stone 
shall  hereafter  be  taken  up  or  the  (brick  or  flagging)  granite  or 
bluestone  flagging  or  artificial  stone  removed  therefrom,  for  any 
purpose  whatever,  in  the  Venty-third  or  Twenty- fourth  Wards 
of  The  City  of  Xew  York)  Boroughs  of  Manhattan  and  The  Bronx, 
without  the  written  permission  of  the  (Commissioner  of  Street  Im- 
provements of  said  wards,  or  in  any  other  part  of  The  City  of  Xew 
York,  without  the  written  permission  of  the  Commissioner  of  Pub- 
lic Works,)  President  of  the  Borough  of  Manhattan,  or  the  Presi- 
dent of  the  Borough  of  The  Bronx,  respectively,  as  jurisdiction  may 


362 


ORDINANCES  OF  THE  CITY  OF  NEW  YORK 


apply,  under  the  penalty  of  twenty-five  dollars  for  each  offence;  but 
the  provisions  of  this  section,  unless  such  work  should  come  within 
the  limits  of  an  ordinance  of  the  (Common  Council)  Board  of  Alder- 
men, shall  not  apply  to  any  person  engaged  in  the  necessary  re- 
pairs of  any  such  sidewalk,  the  resetting,  when  necessary,  of  any 
curb  or  gutter  stones  that  may  have  become  displaced,  broken  or 
sunken,  or  the  necessary  repair  or  alteration  of  any  coal  slide  under 
any  such  sidewalk,  nor  shall  a  permit  for  any  such  purpose  be 
necessary. 

Sec.  249.  All  private  cartways,  crossing  any  of  the  sidewalks 
of  the  (City  of  New  York)  Boroughs  of  Manhattan  and  The  Bronx, 
and  all  sidewalks  whatever  shall  be  paved  with  granite  or  bluestone, 
or  artificial  stone  (not  less  in  size  than  eight  superficial  feet,  hewn, 
and  laid  closely  together)  and  not  with  brick  or  with  round  or 
paving  stones,  under  the  penalty  of  ten  dollars  upon  the  owner  and 
occupant  of  the  lot  in  front  of  which  such  cartway  or  sidewalk  shall 
be.  severally  and  respectively. 

Sec.  2.    This  ordinance  shall  take  effect  immediately 

Adopted  October  22.  1906. 

Received  from  the  Mayor  November  3,  1906. 


INDEX 


PART  I. 

General  Ordinances  and  Ordinances  of  a  General  Character. 

Chapter    i — Executive  Department    3 

2 —  Legislative  Department    4 

3 —  Law  Department    5 

4 —  Department  of  Finance    6 

5 —  Borough  Presidents    19 

6 —  Department  of  Water  Supply,  Gas  and  Electricity  -  •  •  57 

7 —  Bureau  of  Licenses   *   61 

8—  Weights  and  Measures    80 

9 —  Cleaning  Streets  and  Sidewalks    84 

"       10 — Sale,  Use  and  Transportation  of  Explosives    89 

"      11 — Discharge  of  Firearms    91 

"       12 — Rules  of  the  Road    93; 

"       13 — A! iscellaneous  Ordinances   100 

"       14 — Sanitary  Code    11c 

"       15 — Building  Code    154 

"       16— Park  Ordinances,  Rules  and  Regulations    244 

PART  II. 

Ordinances  Affecting  that  Part  of  The  City  of  New  York  Included 
Within  the  Borough  of  Manhattan. 

Chapter  ] — Sales  of  Commodities,  Etc    257 

"      2 — Nuisances   262 

"      3 — Partition  Fences  and  Walls    264 

"       4 — Surface  Railways    20(v 

"      5 — Miscellaneous  Ordinances   271 

PART  III. 

Ordinances  Affecting  that  Part  of  The  City  of  New  York  Included 
Within  the  Borough  of  Brooklyn. 

Chapter  1 — The  Borough  President    27£ 

2 — Public  Safety  and  Order    279. 

"      3 — Partition  Fences  and  Walls    281 


4 — Strict  Musicians   283 

*'       5 — Railroads    284 

6 — Miscellaneous  Ordinances   288 

PART  IV. 

Ordinances   Relating   to  that  Section  of  The   City   of   New  York 
Formerly  Known  as  Long  Island  City. 

Chapter  1 — Public  Safety  and  Order    291 

2 — Partition  Fences  and  Walls    295 

PART  V. 

Ordinances   Relating  to  that  Section  of  The   City   of   New  York 
Formerly  Known  as  the  Viallage  of  Flushing. 

Chapter  1 — Streets  and  Highways    298 

"      2 — Public  Order  and  Safety    303 

"      3 — volunteer  Fire  Department    303 

PART  VI 

Ordinances   Relating  to  that  Section  of  The   City   of   New  York 
Formerly  Known  as  the  Village  of  Jamaica. 

Chapter  1 — General  Regulations    307 

"      2 — Volunteer  Fire  Department    308 

PART  VII. 

Ordinances   Relating   to  that  Section  of  The   City   of   New  York 
Formerly  Known  as  the  Village  of  Richmond  Hill. 

Chapter  1 — Streets  and  Highways    313 

PART  VIII. 

Ordinances   Relating  to  that  Section  of  The   City   of   New  York 
Formerly  Known  as  the  Village  of  Far  Rockaway. 

Chapter  1 — Public  {Safety  and  Order    314 

"      2 — Volunteer  Fire  Department    317 

"      3 — Fines  and  Penalties    3l7 

PART  IX. 

Ordinances   Relating   to   that   Section  of  The   City   of   New  York 
Formerly  Known  as  the  Village  of  Rockaway  Beach. 

Chapter  1 — General  Regulations    318 


PART  X. 

Ordinances   Relating  to  that  Section  of  The   City   of   New  York 
Formerly  Known  as  the  Village  of  Arverne-by-the-Sea. 

Chapter  l — Public  Safety  and  Order    323 

"      2 — Streets  ai;d  Highways  •  •  •.   324 

"      3 — Auctioneers   327 

"      4 — Fines  and  Penalties    328 

"      5 — Abandoned  Poles  in  Streets    328 

PART  XI. 

Ordinances   Relating  to  that  Section  of  The   City   of   New  York 
Formerly  Known  as  the  Village  of  Port  Richmond. 

Chapter  1 — General  Regulations    33a 

PART  XII 

Ordinances   Relating  to  that  Section  of  The   City   of   New  York 
Formerly  Known  as  the  Village  of  New  Brighton. 

Chapter  1 — Streets  and  Highways    334 

2 — Public  Safety  and  Order    338 

PART  XIII. 

Ordinances   Relating  to  that  Section  of  The   City   of   New  York 
Formerly  Known  as  the  Village  of  Edgewater. 

Chapter  1 — Railroads    339 

PART  XIV. 

Ordinances  Generally  Affecting  the  Borough  of  Richmond. 

Chapter  1 — Streets  and  Highways    339 

PART  XV. 

Miscellaneous  Ordinances  Affecting  the  Boroughs  of  Queens.  Rich- 
mond and  The  Bronx. 

Chapter  1 — Miscellaneous   343 

PART  XVI. 

Penalty  fur  Violations    344 


AMENDMENTS. 


Vehicular  Traffic  on  Ocean  Parkway    345 

Width  of  Sidewalks — Queens    346 

Opening   of    Pavements   and    Sewer    Connections — Borough  of 

Richmond   *   347 

To  Rules  of  the  Road    348 

The  Use  of  Firearms    348 

To  Building  Code    350 

Discharge  of  Gas  or  Vapor  into  Sewers,  Etc.   351 

The  Use  of  Firearms    351 

Fire  Limits  of  Building  Code    352 

Display  of  Indecent  Pictures,  Etc.    352 

Fixing  Office  Hours  in  Public  Offices  in  New  York  City   353 

Removal  of  Buildings  Across  Streets,  Etc. — Bronx   354 

In  Relation  to  Rights  of  Peddlers,  Etc.    354 

Removal  of  Buildings  Across  Streets,  Etc. — New  York  City   354 

Right  of  Way  of  Certain  Vehicles    355 

Danger  of  Passengers  of  Street  Cars  . .  355 

Numbering  of  Buildings — New  York  City   356 

Electric  Signs — City  of  New  York    357 

Peace  and  Quietness  of  Inmates  of  Hospitals,  Etc   358 

Exhibitions — Theatres — Etc.,  on  Sundays    358 

Surveyor's  Fees   •   359 

Repiaring  Sidewalks,  Flagging,  Etc.    361 


NEW  YORK  PREPARATORY  SCHOOL,  | 

15  WEST  43rd  STREET,  MANHATTAN 
TEL.  2956  BRYANT. 


200  JORALEMON  STREET,  BROOKLYN 
TEL.    1908  MAIN. 


Prepares  For  All  Civil  Service  Examinations 

The  New  York  Preparatory  School  is  the  oldest, 
largest,  best  equipped  and  most  successful  school  train- 
ing students  for  Civil  Service  and  Regents  examinations. 
It  has  over  8,000  Alumni. 

The  faculty  of  this  school  is  made  up  of  men  who 
are  specially  equipped  by  training  and  experience  for 
these  lines  of  work. 

The  building  on  43d  Street  contains  a  large  and  fully 
furnished  gymnasium,  which  is  under  the  management 
of  one  of  the  best  known  directors  in  New  York.  The 
physician  in  attendance  will  make  a  full  preliminary 
examination. 


Particular  Attention  Will  be 
Given  to  Applicants  for 
Appointment  as  Letter  Carrier 


Send  for  Catalogue 

CMIL  E.  CAMERER,  A.  M.  Li.  B.,  Prindpal  SAMUEL  E.  BATES,  Registrar 


4  * 


ESTABLISHED    10  YEARS 


I  G  YMNASIUM  & 

CIVIL  SERVICE  SCHOOL  f 

The  Oldest  and  best  Known  Civil  Service  School. 

115  117  West  23rd  Street 


NOW  AS  THE  TIME  TO  PREPARE 
FOR  THE 

Coming  Examination 
for  Post  Office 


1  \ental  and  Physical  training  for  applicants  for  the  POLICE  and  FIRE  departments. 
Money  refunded  if  you  fail  to  pass. 

Investigate  our  Civil  Service  School  with  others,  but  be  sure  not  to  make  any  deposits 
until  you  have  seen  our  plant,  the  largest  and  most  up-  to  date  In  the  business. 

We  have  placed  more  men  in  these  departments  than  all  other  schools  com- 
bined.    Ask  any  POLICEMAN  or  FIRE  MAN  about  us. 

CALL  FOR  ONE  OF  OUR  ILLUSTRATED  CATALOGUES. 

WM.    J.    BROWN,  Manager. 


J 


